Research On The System Of Withdrawing Criminal Cases

The system of withdrawing criminal case, as an important procedure of investigation,It is a systerm that helps the the crime suspect who Should not be investigated for criminal responsibility,to get rid of investigate timely. It enjoys an important position in theory and practical. But in present. China's criminal procedural law of criminal has lfew rules about it, even little research in theory.Which causes some trouble in withdrawing criminal case in practice. This article attempts to study the system deeply.hoping to get some beneficial thinkings,on the basic of reviewing actual operation situations and foreign lawmaking ways. The full essy is about 25,000 word, divided into four parts.The first section is an overview of the system of withdrawing criminal case. This part is major based on currently used criminal withdrawing system,and give some anaysise about the system elements.theory. principle and value. to withdrawing criminal in three ways,they are definition, subject, object litigant.It can be doing only in the investigational procedure. The withdrawing Body must be the legally investigation part of the state,duty The object of criminal withdrawing shall be the case that Should not be investigated for criminal responsibility. after the nature of the criminal withdrawing system was analyzed, the criminal withdrawing system isconsodered a subsidy of the criminal investigation procedure.It is a legally way and condition of ending criminal investigation It isrestoratively and, relativity. Since the theory and value of criminal withdrawing system has been discussed simply, We deemed that the principle of the criminal withdrawing system admitted things develop objectivity and complexity and the limitation of people's understanding.it is an important means to solve the controdiction between them.And the value of the criminal withdrawing system is embodied in safeguarding human rights, Which can help to reach the substantive justice and procedure lawful.The second section is about reviewing criminal case withdrawing system in comparison method.The reference of foreign successful experience is indispensable,while improving a legal system.This chapter.based on defining to the system essence of the criminal case withdrawing,reviews the legislation situation of conclusion of investigation and criminal case withdrawing from Russia,Germany and Italy,and also summarizes something in common that the above-mentioned three counties legislated,in order to draw lessons from now.The third section is about the analysis of the main questions and the contributing factor of the criminal case withdrawing system.The questions existing in the system of withdrawing criminal case in our country, mainly is reflected in China's present criminal litigation law of the provisions of the criminal case withdrawing system so briefly, the reason of withdrawing the case is more chaotic, withdrawing the case program beneath justice, to withdraw the case supervision mechanism imperfect, the remedies of victim aspects lack of regulation.Think the problem result from is mainly because our country's lawsuit structure mode is not reasonable, the lack of legal ideology of the criminal procedure law of our country, and lack of correct understanding the purpose of many factors such as the result of comprehensive effect.The fourth section is about consummating concrete perfection of our country's criminal law case withdrawing system.First, the scope of withdrawing criminal case shall be appropriately expanded.After repeatedly investigation is still unable to find out the truth, the investigation organ should withdraw the criminal case.For minor criminal case, based on the efficiency of lawsuit and people began to common claim that prevent crime instead of retaliatory fighting crime.the traditional criminal law concept crime by the consideration, By the investigation organ according to the specific situation of the case for reconciliation, do not enter enter examine Sue program.Second, in the procedure of the right of withdrawing criminal case shall strengthen supervision.According to our country's judicial situation,the procuratorial organs shall be in a dominant position during the supervision of withdrawing criminal case,Appropriately expand the degree of procuratorial organs interfere criminal investigation procedure,Clearly stipulates the procuratorial organs have the right to revoked the decision of withdrawing criminal case.In addition, the defendant should be entrusted to the criminal suspect corresponding supervision.Finally, in relief measures for the protection of the victim shall pay more attention to.Our law should set the criminal victims having the related right to be informed. the law should set the criminal victims some participation rights during the withdrawing criminal case, and set the criminal victims some public hearing rights and the consult right about the case. The investigation organ should take the advice of the criminal victims, and then it can make the decision of the withdrawing criminal case. Thirdly, to our current situation, our law should set the rule of Compulsory system of prosecution to refrain from the question of the lack of private relief rights.