The Research On The System Of Withdrawing Public Prosecution

Procuratorial organs withdrawing prosecution is to point to in the case of public prosecution from the people's procuratorate,the people's court verdict,due to certain statutory basis,decided to prosecute all or part of the defendant withdraw the processing of the litigation activity.Dropped the legitimacy foundation of system in the concrete judicial practice has been controversial,some scholars advocate abolishing decision system,also the scholar thinks should be retained.Dropped the author through the analysis of the data of case withdrawal of the suit system in practice has its existence in the reality demand,also dropped the case system in judicial practice also faces many problems and challenges.In this paper,a total of four chapters.The first chapter introduces the procuratorial organ to withdraw prosecution theory,expounds the concept,characteristics,and dropped the withdraw prosecution of theoretical basis and value pursuit.Second chapter outside countries and the area of public prosecution to withdraw prosecution system regulation,respectively introduces the continental law system and Anglo-American law system countries dropped system regulation,and on the basis of summarize the commonness and difference of different decision system.The third chapter combines the regulation of our country to withdraw prosecution of procuratorial organ dropped one by one,this paper introduces the system of legal basis,through empirical analysis it is concluded that practice the specific reasons for the withdrawal of prosecution,and highly summarizes the withdraw prosecution related problems in practice.The fourth chapter in the first three chapters based on the research of put forward the Suggestions of perfecting our country's procuratorial organs withdraw the prosecution.From the legislative,judicial,legal supervision,and different aspects,such as the legal remedy for the prosecution of procuratorial case provides positive measures and taking on the solution of the problem.The core idea of this article is should to the decision system to make corresponding provisions in the criminal procedure law.Change the present decision system in the embarrassing position of no legislative provisions,legislative trespass suspicion,crack judicial legislation to withdraw the prosecution system using justified.In the concrete practice of allowing the judicial organ to make corresponding judicial interpretation,but are not allowed to break through the legal bottom line,used properly in terms of punishing crimes and protect human rights.