Discuss The Power To Withdraw Prosecution Of The Procuratorate

Procuratorial organs withdraw public prosecution is a form of exercising discretion.In the theory of criminal procedure law,it is of great value to guarantee human rights and improve the efficiency of litigation and the utilization of litigation resources.At the same time,there are abundant theoretical support,but in the judicial practice,there are many problems in both legislation and judicature.First is the withdrawal of public prosecution of procuratorial organ in the criminal procedure law did not make clear rules,the provisions of the judicial interpretation is relatively simple,the concrete in the actual operation,around the procuratorial organ in time,reason,such as lack of unified understanding.Dismissed and the system of procuratorial organ play right efficacy had an impact,led to the withdrawal of public prosecution to circumvent the acquittal,dropped after repeated prosecution,actual case reason dropped from judicial interpretation provisions,the court to review the formal problems.Therefore,this article tries to teach about plane and empirical analysis,comparative method and countermeasures of the four aspects to study on the level of law,the reasons are summarized,and that is the cause of this dilemma is the "formal" trial,the crack prosecutors dropped the case and the existing problems need to be from the perspective of strengthening trial essence,the centralized to build a meet procedural justice and the procedure legal system.This paper demonstrates the power of withdrawal of procuratorial organ from five parts.The first part describes and demonstrates the theoretical value and procedural value of the power of withdrawal of procuratorial organ from the theoretical legitimacy of its existence.In the second part,the author makes a comparative study on the institution of procuratorial organs' withdrawal right from the perspective of extraterritoriality,and simply divides the extraterritorial legal system into Anglo-American and continental legal systems.The third part use the method of empirical statistical analysis and practical department interview to find and conclude the status quo and existing problems in the process of procuratorial organs' exercise of the power to withdraw lawsuit.The fourth part is a deep analysis based on the problems to analyze the reasons behind the dissimilation of the system.The fifth part is to improve the system of withdrawing the right of prosecution of procuratorial organs according to the present situation of Chinese judicature and the causes of the problems,as well as the investigation and reference of comparative law.