On The System Of Criminal Withdrawal

With the development of litigation civilization and the theory of human rights,"visible justice"is emphasized in the modern litigation. That means it demands not only the correct and fair verdict, but to let people can experience the justice and rationality of the process. Therefore, to seek for the justice of criminal procedure, it's not enough to have a fair verdict, the justice of the process also should be needed, the impartiality and justice of the judge in people's mind also should be guaranteed. Only in this way can the criminal verdict have authority and be widely accepted. The establishment of the system of criminal withdrawal is just an important base on which the aim can be achieved. The system of criminal withdrawal is a litigation system which demands the investigatory, procurator, judicial personnel and other judicial officers and relative participants as stipulated in law who have interest or other special relationships with the case or the parties should not participate in the criminal procedure. It's an important part of criminal procedure system and its status cannot be neglected. On one hand, it precludes the judge and the relative people who have interest relationships with the parties from the litigation, guarantees the impartiality of the judge and other judicial officers in the image and form, defends procedural justice; on the other hand, it dispels the possibility of their perverting law, defends substantive justice. So the rule of withdrawal system to realization the justice of criminal judicature cannot be neglected.However, the withdrawal system doesn't have the deserved attention in our criminal procedure legislation and practice. The stipulations are very rough and principle, that is not beneficial to practice. Though relative judicial explanations have replenished some, it still has much to improve; in the practice, many people look on it with unconcern. This is unfavorable for the realization of the justice of criminal judicature. In this paper, the author comprehensively analyses the basic value of the system of criminal withdrawal, basing on the reviewing of the history of our systems and the investigation of the foreign systems, dissects the reasons of the predicaments, then gives forward the suggests to perfect it. Hope to get more valuable proposes, to let this system get the deserved attention, get improvement and perfection, completely realize its value.