Study On Preliminary The System Of Withdrawing Public Prosecution

With the development of litigation and prosecution of economic theory, the doctrine of the wide application in China, prosecutors have more discretion.In the main embodiment of the legislation is introduced and the control system of relative separation of the new trial the trial mode. Public Prosecution to withdraw prosecution system as an important component of the system changes are reflected prosecutors discretion to prosecute the doctrine of the logical extension of the trial stage. Establish the system's fairness and efficiency of criminal proceedings and the legal rights of the parties will have a significant impact. So now most advanced legislation in the countries and regions have established the system.Withdrawal of public prosecution in the "Code of Criminal Procedure" is not provided, China's current legal basis for withdrawal of prosecution is to provide incomplete "House" of judicial interpretation, In 2007, the Supreme People's Procuratorate also issued a "nolle prosequi on the indictment cases guidance on a number of issues"on the prosecution to withdraw the application conditions, limitations, procedures, post-processing, filing system and so made a further specification, But only because of its operational requirements within the People's Procuratorate, did not rise to universally binding law, its effectiveness is worth our consideration. So in practice, there are two communication methods such as withdrawal of prosecution, extended detention, serious violations of legal rights of the accused and many other aspects of the problem, so once attracted academics and practitioners on the need to question the existing system, But with the economic theory of litigation and prosecutors discretion to introduce the development of public prosecution to withdraw, the value of Withdrawal of public prosecution gives great weight.Particularly separation of accusation and trial of the gradual formation of an action model, the introduction of the prosecution of a large number of factors and adversary doctrine of factors, the prosecutor's discretion gradually expanding.It exists for the withdrawal of public prosecution system and laid a legal foundation.China does not like France, Germany and other civil law countries, as set strict pre-trial procedures, prosecution is limited to pre-trial review of the form, simply can not rule out the prosecution of those errors. So give the prosecution of some cases of false prosecution to withdraw the right to not only improve litigation efficiency, saving the cost of justice, but also the world's lawsuit system in line with the trend of development. China is now undergoing economic transition, growing all types of litigation, the opposite of judicial resources are limited, if not through the filtering of cases, have gotten into the proceedings, the trial court will undoubtedly increase the pressure, but also increase V. tired of big parties, is not conducive to protection of the legitimate rights and interest,Say, the withdrawal of public prosecution system in our country's development is the urgent need for judicial practice.In civil law countries, pursuing a major legal doctrine to prosecute, the prosecutor's discretion is greatly limited, so the prosecutor's discretion was limited. The common law countries, prosecutors have more discretion limits, including the right to withdraw the indictment. Domestic research on the withdrawal of public prosecution system, said there are negative and, surely, to affirm that the dominant definitely say that based on the doctrine of prosecution and prosecutors discretion to withdraw the indictment of the system should be established. I agree, surely, that in our system of criminal procedure established in the withdrawal of public prosecution, litigation theory and development trend of the objective needs of our judicial practice.This paper studies the use of comparative law method, an overview from the withdrawal of public prosecution system analyzes the legal basis of the existence of this system, then I focus on the withdrawal of a public prosecution system in the comparison test, summed up the system in the advanced countries and regional legislation The common feature, and a brief evaluation. Then the author analyzes the withdrawal of public prosecution system in our legislation and judicial practice problems, and the system in our country there is basis in reality. Finally, problems and reasons for, and improve our system of public prosecution to withdraw legislative proposals put forward shallow.