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Withdrawing Public Prosecution of

Author: YinLiLi
Tutor: XuLanTing
School: China University of Political Science
Course: Procedural Law
Keywords: Withdrawal of an indictable Prosecution discretion Prosecution of change ' Judicial review Protection of human rights
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 129
Quote: 1
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Abstract


Withdrawal of an indictable criminal cases as the Public Prosecution Service in a special way, despite the different countries with different legal systems of the restrictions in relation to the withdrawal of an indictable, but in the case of utilitarianism, pragmatism thought unstoppable, prosecution and Doctrine and prosecutorial change 'has been continually strengthened, to allow the withdrawal of prosecution at the trial stage has become a common phenomenon in the practice of States. Scholars to withdraw the prosecution system, the retention or abolition of a larger controversy, but the combination of the withdrawal of the essence of the right attributes and values ??of view, the system retains its theoretical basis and practical necessity. In China, due to the withdrawal of the provisions of the Public Prosecution only comes from two high to explain the lack of legislation, the system is imperfect, some investigators, law enforcement concept of deviation causes more serious abuse in the judicial practice to withdraw the indictment phenomenon urgent comprehensive reform and improvement. This paper is divided into five chapters, in the reflection of withdrawal of the prosecution system in the existing legislation and practice and draw on the the extraterritorial some countries and regions of the legislation on the basis of a series of studies, trying to be the withdrawal of the prosecution system, and on how to improve the proposed The rough idea. \, the request and discretion, two essential attribute refers to the purposiveness; The second part briefly contrast three procedural law of the withdrawal system to further analyze the characteristics of criminal withdraw the indictment. \The two aspects of the foundation and practical necessity to clarify the rationality of the existence of withdrawal of public prosecution system. Prosecution relying on the doctrine of prosecution change theory, controlled trial separation and the Appeal Tribunal the same theory, the theory of objective obligation of the procuratorial organs and prosecutorial discretion to withdraw the prosecution system to provide a solid legal basis to withdraw the Public Prosecution to meet the correct practice of prosecution bias needs, value of the pursuit of substantive justice, procedural fairness and litigation efficiency of litigation. Withdrawal of public prosecution system under Chapter III of the prosecution mode, were investigated in the first part of the parties' litigation mode, the mode of powers doctrine litigation mode and mixed proceedings in relation to the withdrawal of an indictable enactment of legislation and practices; the second part of the different proceedings mode, the withdrawal of the prosecution system, the pros and cons of analysis, summary of the conditions to withdraw the indictment, subject, time, manner, reason, and re-prosecution limit. Chapter 4, \case processing, the parties to the protection of the rights and the five aspects of the mechanism of supervision and reflect on withdraw indictment practical. Chapter 5 \and improve the restraining mechanism proposed initial ideas.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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