Study On Withdrawing The Public Prosecution

Withdrawing the public prosecution is an important part of the change system of public prosecution.It is the embodiment of discretionary power of the procuratorial organ,and is also a special way of handling cases used by procuratorial organs for a long time in criminal judicial practice.It has been recognized and widely used by the legislation and judicial practice of many countries in the world.The 1979 “Criminal Procedure Law” stipulated the system of withdrawing public prosecution,but when it was revised in 1996,it was a major legislative defect to abolish the provisions on withdrawing public prosecution in the 1979 “Criminal Procedure Law”.The current legal system in our country lacks restriction on the procuratorial organ about the withdrawing the public prosecution,so there are still many problems in the application of the system in criminal justice practice.For example,withdrawing the prosecution,the procuratorial organ may cause the defendant to suffer the risk of repeated prosecution for a long time,and it is difficult for the defendant to obtain effective relief after the procuratorial organ withdraws the prosecution.Withdrawing the public prosecution,as an important component of the system of change of public prosecution,is related to the power allocation of procuratorial organs and the major interests of the parties concerned,and directly affects the court's jurisdiction and the exercise of the defendant's right to defense.In the practice of criminal justice,there are sometimes cases where procuratorial organs have initiated public prosecution for cases that should not be prosecuted or cases that need not be prosecuted.Therefore,giving the procuratorial organ the power to withdraw the public prosecution provides an opportunity for the procuratorial organ to correct the prosecution errors in a timely manner and to maintain judicial credibility.It is also of great significance to reduce or prevent the waste of judicial resources caused by improper prosecution,improve judicial efficiency,safeguard judicial justice to the maximum extent and safeguard the legitimate rights and interests of the defendant.Firstly,this article clarifies the meaning and effect of withdrawing public prosecution.Through the legislative investigation of withdrawing public prosecution in foreign countries and Taiwan region of China,it analyzes the problems existing in the practice of withdrawing public prosecution system in our country,and then makes rational thinking on the perfection of withdrawing public prosecution system in our country.