Research On Withdrawal Of Prosecution By Procuratorial Organs

The withdrawal of prosecution by procuratorial organs is one of the contents of China’s procuratorial system,which plays a very important role in the whole process of litigation,and is of great significance for safeguarding the legitimate rights and interests of the parties and the legal authority.Nowadays,most countries in the world have established this system,and our country also has provisions on this system in the judicial interpretation,but there are still many problems in the provisions of this system itself and in the specific practical operation,which make this system can not play its due role.Taking Shandong,Gansu and Beijing as examples,this paper studies the judgment documents of withdrawal of prosecution in these three places from 2017 to 2019,analyzes the withdrawal system of prosecution itself and the main problems reflected in practice,and puts forward some corresponding measures.This paper is divided into four parts.The first part is about the basic situation of the withdrawal system of the procuratorial organ,mainly about the development process of the withdrawal system in China and the justification of its existence.The second part is about the current situation and existing problems of the withdrawal system of the procuratorial organs.This part collects the judgment documents of the withdrawal cases of the procuratorial organs in Shandong,Gansu and Beijing from2017 to 2019,summarizes and sorts these judgment documents,and mainly presents the withdrawal situation of these three places in the form of data graph,It also analyzes the operation status of the system reflected in the figure,and analyzes the system itself and the problems existing in practice,including the lack of restrictions on the number of withdrawals,unscientific provisions on application,unreasonable time,and uncertain effectiveness,etc.The third part is about the experience of withdrawal system of procuratorial organs in foreign countries,mainly including Germany,Japan,the United States and the United Kingdom.The fourth part mainly talks about the improvement suggestions of the withdrawal of prosecution.In view of the problems analyzed above,the paper puts forward targeted measures based on the experience of other countries,mainly including limiting the number of withdrawal,standardizing the situation of withdrawal,and clarifying the time and effect of withdrawal.