On The Legal System Of Withdrawing Of Criminal Public Prosecution

To withdraw the criminal prosecution is an important part of the alteration system of criminal public prosecution. This system is also a reflection about the discretion of procuratorial organs. This article will begin from the conflicts about the legislative and judicial, analyze the concept,the nature and the basis of this system by recourting the legislative evolution in order to elaborate the practical significance and to prove the reasonable of this system. Then this article will integrate the status, relative differences about this system between the common law and the civil law systems, examine the relationship among China's public security, procuratorate and the Court, inspect the reasonableness about judicial review, explore the reasons, the scope and the effect about this system in order to point out the deficiencies and the reform proposals.This paper is divided into three chapters. Chapter one will analyze the conflicts between the legislative and the judicial about this system by introducing the China's legislative history about the system of withdraw of the public prosecution. Then to point out the deficiencies on legislative about this system. Chapter tow will find out and analyze the weaknesses and inadequacies about this system on the judicial proceedings by introducing the existing system. Chapter three will point out the deficiencies and the reform proposals to the system of criminal prosecution on the basis of analysis of the legislative precedents of the civil law and the common law.