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Investigation Report On The Withdrawal Of Public Prosecution Cases

Posted on:2019-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y H DuFull Text:PDF
GTID:2416330545994321Subject:legal
Abstract/Summary:PDF Full Text Request
The prosecution case withdraws the prosecution as a system that causes the proceedings to return,and in the current context of advancing the trial-centered litigation system reform,it is necessary to standardize and improve this system in conjunction with trial-centered litigation concepts,so that the system The unique value of itself has been brought into play.Due to the influence of traditional litigation values,there are still many problems in the prosecution agency's withdrawing and prosecution in practice.This article takes Chongqing as an example to investigate and investigate the cases of withdrawal and prosecution handled by the procurator organs of Chongqing Municipality from 2013 to 2016.Problems and suggestions for improvement.The body of this article is divided into five parts.The purpose and significance of the first part of the research mainly focuses on the purpose and significance of the paper.The second part summarizes the withdrawal of public prosecution cases.It mainly describes the meaning,theoretical basis,operating mechanism of the withdrawal of prosecutions in public prosecution cases,and the analysis of the value of the withdrawal proceedings.The third part investigates the overall situation.This section summarizes the withdrawal and prosecution work in the study area,including the investigation of the regional situation and the withdrawal of the status of the prosecution operation.It mainly shows the work of the investigation area withdrawing the prosecution through the form of a chart.The analysis of the fourth part of the investigation found that the main problems existed by analyzing the withdrawal of lawsuits in the study area,including the fact that the lack of legal basis for the withdrawal of the lawsuit caused confusion in the judicial practice,the lack of time limit for withdrawing the lawsuit,the unclear conditions for the application,and withdrawal The mechanism for constraining the evasion of acquittal and the withdrawal of indictments failed.The fifth part of the investigation suggests that in light of the investigation and investigation requirements combined with the trial-centered litigation system reform requirements,it is proposed that the public prosecution withdrawal system be formulated in a legislative form,the time for withdrawing the prosecution be limited to the first-instance trial,the scope of application for the clear withdrawal of the prosecution,and the withdrawal of the prosecution.To handle,reform and quantify the evaluation mechanism and strengthen the supervision and restriction of the power of withdrawal of public prosecution,we hope to provide some theoretical ideasfor the perfection of the withdrawal of the prosecution system and the conduct of the withdrawal and prosecution work in the research area.
Keywords/Search Tags:Prosecution case, Withdraw the lawsuit, Research report, Program flow back, Acquittal judgment
PDF Full Text Request
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