On The Perfection Of The System Of Public Prosecution Withdrawal

The current criminal procedure law of China does not provide for the prosecution case withdrawal system. Judicial practice, the prosecution to withdraw the prosecution is m ainly based on the "two high" judicial interpretation. The two high judicial interpret ation of the provisions of too rough, the withdrawal of the prosecution system in the practice of judicial practice there are many problems. First of all, the Criminal Proced ure Law did not provide for the withdrawal of the prosecution system, the practice of judicial practice in violation of procedural principles. Extraterritorial legislation adva nced countries and regions, criminal procedural law in the prosecution case withdraw al system to be clearly defined, the withdrawal of the system is running legal support.Second, the withdrawal of the matter is unreasonable. The withdrawal of the case in order to withdraw the decision to replace the innocent conviction of the phenomenon, a serious violation of the defendant's legal rights, interference with the exercise of judi cial power, from the principle of separation of the trial; withdrawal of the provisions of the prosecution will also break the statutory withdrawal of the matter,innocence has another channel, and so on. Again, the time of withdrawal of the provisions of the trial in the first instance before the verdict. Before the end of the debate, the collegial panel may have formed a verdict or have put a lot of trial resources for the formation of the verdict. At this time, the procuratorial organs are allowed to withdraw the prosecution,which will interfere with the jurisdiction of the prosecution and cause the waste of the trial resources The Finally, the withdrawal of the prosecution of the follow-up procedu res unreasonable, the effectiveness of withdrawal is not clear, abuse of withdrawal power, reprosecution arbitrary.It is suggested that the criminal procedure law should clearly stipulate the system of withdrawal of public prosecution cases. And improve its system design. First of all, to clear the right to withdraw the prosecution by the prosecution, the court has the right to judicial review. Secondly, in order to protect the rights right, regulate the exercise, to prevent the abuse of rights, should be withdrawn from the "principle of the provisions of the list" to be clearly defined, and the withdrawal time limited to the end of the debate before the end of the first instance. Finally, in order to protect the rights and interests of the defendant, to prevent the abuse of the right to withdraw, the effect iveness of the withdrawal of the prosecution should be clearly defined and not free to change. May refer to the relevant provisions of the application of nonprosecution decision, and provides that the prosecution prosecution must have a new fact or evidence, and reprosecution opportunities only once.