Study On The Withdrawal Of Public Prosecution

The withdrawal of public prosecution, as an important part of the public prosecution power, most nations in the world give prosecutor the power to decide whether criminal appeals should be withdrawn. In our country, the system of withdrawing the criminal appeals is unsubstantial and laggard in theories, and it is feeble in practice, bringing on a lot of trouble. So there are lots of problems are needed to be solved. Based on borrowing other nations' and districts' systems, the author tries to analyze the troubles exist in our withdrawal of public prosecution system and make some suggestions to how to construct our legislation about the withdrawal of public prosecution.In chapter one, based on the history origin and development of the indictment and the understanding of the present condition of withdrawing public prosecution, in the meanwhile, practical questions are listed. Comparing and analyzing the differences between Civil Law and Common Law is made in chapter two and the withdrawal of public prosecution in Hong Kong and Taiwan is also introduced. Chapter three focus on the procedure values, which prove the reasonable existence of the withdrawal of public prosecution. Chapter four put great emphasis on the reform of the withdrawal of public prosecution in the legislation level and also provides the legislation suggestions.