On Withdrawing A Claim In Advance, On Settlement And On Unfavorable Effects

In criminal lawsuits, the public prosecution withdrawal, which is a component of public prosecution system, is of great significance in realizing justice and efficiency in litigation and protecting the legitimate rights and interests of litigants, especially the defendant. However, this system has long highly controversial because presently it is only based on judicial interpretation and many problems arise in actual judicial practice. This thesis starts with the principle of opportunity in public prosecution, and elaborates on the necessity of public prosecution withdrawal system. On the basis of analyzing current status and problems of public prosecution withdrawal system in our country, it investigates basic attributes and legal effects of public prosecution withdrawal. Besides, it tries taking the classification of public prosecution withdrawal as a breakthrough point. It uses the effects on the rights and interests of litigants, especially the defendant, as the standard to classify the public prosecution withdrawal into four types, that is, withdrawing a claim in advance, withdrawing a claim on settlement, withdrawing a claim on unfavorable effects and prohibition of withdrawing a claim. The thesis respectively examines these four types and focuses on the basis of classification, applicable procedures and corresponding legal restriction and legal remedy, in the hope of improving public prosecution withdrawal system in our country.