Study On The Withdrawal Of Public Prosecution In China

At present,Chinese Pro-curatorial Organs is still in dispute about the justification and rationality of the withdrawal of public prosecution power.This is mainly because the current procedure of the withdrawal of public prosecution has not specific legal status and relative program,the system design is rougher,and the problem of judicial practices is become increasingly outstanding.Therefore,this text is discussing our country prosecution withdrawal which is based on this system basic theory,status analysis,comparative study and so on.So that put forward some rationalization suggestions.This text is divided into four chapters to go on theoretical analysis,parse problems,exploration of the system and offer a proposal.Here are the following:Chapter one is the basic theory of the withdrawal of public prosecution.This part is mainly discussing the concept and the property of the withdrawal of public prosecution,grasp its basic connotation,clear the basis value and realistic necessity of the withdrawal of public prosecution.Chapter two is the status and problem of the withdrawal of public prosecution in China.By means of analyzing the legislation,justice and other aspects of operation cases of the prosecution withdraw system,and to analyze the disadvantages and cause of formation from the status refraction.Chapter three is under the vision of Comparative Law in the system of prosecution withdrawal.On the basis of two main Legal Systems,around the legislation of France,Germany,Japan,Britain,America and so on as the starting point,to study its legislative model of the procedure of the withdrawal of public prosecution and to analyze the characteristic and merits and faults of all kinds of patterns in the withdrawal of public prosecution,for that to make Chinese prosecution withdrawal procedure prefect to extract and purify experience and reference.Chapter four is the legislative construction of the withdrawal of public prosecution system in our country.Aim at problems and causes,for further improve and prefect the withdrawal of public prosecution system to put forward reasonable suggestions.Including clear the right of the withdrawal of public prosecution in legislation,make clear its area of application,the validity of the withdrawal of public prosecution and follow-up process and so on.Subsequently,to establish prefect internal and external restriction mechanism for prosecution withdrawal,vest to the subject of litigation corresponding procedural relief rights,and test of set up and prefect supporting facilities.