The Study On The System Of Withdrawing Prosecution Cases

With the development of the world economy,the demand of human society for the efficiency of litigation is constantly improving,which requires the prosecutor to have reasonable discretion.The expansion of discretionary power has made the system of the withdrawal of prosecution cases flourish,which has been recognized in the world and legislated in most countries and regions.With the development of modern prosecutor power and the establishment of new procurator system,most countries give procurator organs the power to withdraw prosecution in legislation,and the reasonable use of this power can increase the flexibility of litigation procedures while meeting the efficiency requirements.Current criminal procedure law has not made specific provisions in china on the relevant.system of withdrawing prosecution cases,and its legislation is still in a state of blank.In the case of temporary absence of superior law,the main basis for procurator organs to solve such problems in judicial practice is the "high inspection rules" issued by the "two high authorities" and "high law interpretation".To stipulate the system of the withdrawal of public prosecution in the form of judicial interpretation is in essence an overstep of authority.In addition,as the judicial interpretation is too crude and general,the system of withdrawal of public prosecution is in a state of confusion in its application.In view of this,this article aims to the prosecution case system,concepts,such as the characteristics of a study on the basis of the basic content,discussed the theoretical basis and value analysis,and outside the advanced legislation to comb,combined with its legislative experience,under the present situation of our country's public prosecution case do to analysis system,and puts forward some opinions and Suggestions on the problems existing in the.This paper is mainly divided into five parts:The first part mainly wants to give a basic overview of the concept related to "the withdrawal prosecution system of public prosecution case" and a basic explanation of its characteristics and nature.This paper reviews the legislative evolution of the withdrawal of public prosecution cases in China and discusses the existing problems on the basis of it.This paper probes into its nature and effectiveness,and makes a review and comment on its existence and abolition.The second part mainly analyzes the theoretical basis of the system and its value in protecting human rights,fighting crime accurately and realizing the economic benefits of criminal prosecution.The third part,based on the cases encountered in practice,discusses the problems in judicial practice and system design.This paper discusses the fundamental problems such as the lack of legislation and the overstepping of judicial interpretation at the institutional level,and expounds the problems such as the lack of effectiveness of the withdrawal of litigation,the abuse of power and the absence of review in concrete practice.The fourth part finds out the deficiency of our country's prosecution withdrawal system through the study and reference of the overseas advanced legislation,and studies the overseas advanced legislation technology,and thinks about the perfection of our country's prosecution system.This part of the study is based on the legislation of the continental law system of Germany,France and Taiwan province,as well as the relevant legislation of the common law countries to the United States and the United Kingdom.The last part,based on the related problems mentioned above,puts forward some thoughts and Suggestions on the existing problems in China's current system.This part corresponded with the third part and discussed respectively from the system level and the judicial practice level.