On The Improvement Of Public Prosecution System From The Perspective Of Trial-centered

The withdrawal of public prosecution as the system design of criminal procedure plays an important role in itself.However,due to the irrationality of withdrawing the legislative norms of public prosecution,the system can not only save judicial resources and protect the human rights of defendants,but also lead to new problems in practice.These problems need to be addressed urgently.In addition,the reform of trial-centered litigation system is being carried out in the field of criminal proceedings today.The theoretical basis of this reform is trial centralism,emphasizing the center and core position of trial,restricting and guiding pre-trial procedure with trial procedure.Give full play to the core function of judicial power.Withdrawal of public prosecution is an important part of the right of public prosecution,is the exercise of the discretion of the right of public prosecution,but its scope of exercise across the entire trial stage,resulting in the trial stage of the coexistence of the right of public prosecution and judicial power,the power of public prosecution restricts the strange phenomenon of judicial power.This not only violates the principle of belonging,but also violates the requirement of withdrawing public prosecution in the reform of litigation system centered on trial.In order to bring the function or function of withdrawing the public prosecution system into full play,this paper focuses on the analysis of its existing problems.From the perspective of the trial center,this paper analyzes the requirements of the reform of the trial-centered litigation system for withdrawing the public prosecution,the problems of withdrawing the public prosecution system public prosecution system,and the path to improve the withdrawal of the public prosecution system under the background of the reform of the trial-centered litigation system.First of all,this paper introduces the theoretical basis of withdrawing the public prosecution system.This paper expounds the meaning and nature of the withdrawal of the public prosecution system and the relationship between the relevant concepts,uses the historical research method,combs the legislative distance of the system,and has a whole understanding of its context.Secondly,the article then analyzes the meaning of the trial-centered litigation system reform and its requirements for the withdrawal of public prosecution.It is pointed out that the reform of litigation system with trial as the center means that the trial stage is the center of the whole criminal procedure,the implementation of the substantive trial,the standardization of sentencing,etc.Thirdly,the paper expounds the problems of withdrawing the public prosecution system from the level of legislative norms and practical operation.At the level of legal norms,the withdrawal of public prosecution system violates the principle of procedure law,the withdrawal time exists alienation,and the practical operation level.This paper expounds the problems existing in the withdrawal of public prosecution system by using substantive research methods and using data to speak.Finally,the article puts forward the perfect concrete way to withdraw the public prosecution from the perspective of the trial center.For example,adjust the time of withdrawal of public prosecution,clear the number of times to withdraw public prosecution,establish the supervision mechanism of withdrawal of public prosecution and the evaluation mechanism of acquittal judgment,and so on.