撤回公诉制度实证研究诉讼法学专业论文.docx

Abstract The withdrawal of public prosecution right is an important power of the right of prosecution in procuratorial organs, and withdrawal of public prosecution system is one of the important parts of public prosecution modification system in the Criminal Action. The Rules of Criminal Procedure (trial implementation), issued by the Supreme Peoples Procuratorate, have made rules, on the basis of the former judicial interpretation, about the time of withdrawal of public prosecution and specific situations, etc. Due to the lack of national regulations about withdrawal of public prosecution system in the Criminal Procedure Code and slight reference in judicial interpretation, academic circles pass different judgments on this system, and don’t know which is right, which leads to a series of problems and predicament in the practice and operation of withdrawal of public prosecution. Based on the research analysis of national withdrawal of public prosecution practice, this thesis uses legislation and relevant theories of extra-regional countries and areas as a source of reference, thinks about the detailed systematic regulations and practical operation procedures of withdrawal of public prosecution, etc, with a view to improvements of withdrawal of public prosecution system. Apart from introduction and conclusion, this thesis is divided into four main parts, about 34000 words. Part one is about the legitimate consideration of withdrawal of public prosecution. Firstly, legal nature of withdrawal of public prosecution is defined as a component element of public prosecution modification system, withdrawal of public prosecution right an authority form of prosecution right; then, withdrawal of public prosecution is considered to be a necessary criminal litigation procedure, but doesn’t bring out the effect of termination of legal process; lastly, based on the two points, validity and necessity of public prosecution withdrawal system is demonstrated from the aspects of theory