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Discussion on the Improvement of the System of Withdrawal of Public Prosecution

Author: WangZuoQing
Tutor: LiRenFu
School: Jilin University
Course: Legal
Keywords: Public Prosecution to withdraw Prosecution ' Judicial Review
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 51
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Abstract


Public Prosecution to withdraw the system as an important system in the criminal proceedings, not only profound theoretical foundation, but also has a very important system to protect human rights, improve the effectiveness of litigation proceedings justice. The world whether indictable on the prosecution to withdraw the right to hold different attitudes, but overall, recognition of procuratorial organs of prosecution discretion and procuratorial organs of the public prosecution to withdraw the right to be the subject of legislation, is the development of the world criminal litigation system a trend. Implement the prosecution of the doctrine of common law countries, prosecutors in theory and practice have full prosecution discretion, which contains an indictable right of withdrawal; civil law countries due to adopt the prosecution of legal doctrine, tradition does not recognize the prosecution discretion , but under the influence of ideas of utilitarianism, pragmatism and practice more and more cases are resolved in the form of withdrawal by the Public Prosecution. As can be seen, to allow the the procuratorial organs prosecution then withdraw the prosecution has gradually become a common practice in the practice of States. Of public prosecution to withdraw the system after a confirmation by the legislature to the absence of legislation to the judicial interpretation of the supplementary stage, coupled with some problems exist in the practical operation of the system, and cause of theorists and practitioners on the public prosecution to withdraw the system of deposit waste was a long debate. In this regard, the paper endorsed retain perfect view of the commentators, and the theoretical basis to withdraw from the public prosecution system value, reality needs to be demonstrated, pointed out that the legitimacy and necessity of the system, and thus the needle system in our legislative level practical level less than put forward suggestions for improvement. This paper is divided into four parts: the first, the basic theory of the public prosecution to withdraw the system. This part describes the theory the public prosecution to withdraw some of the basic situation, in order to achieve a whole understanding of public prosecution to withdraw this system. Article first withdrawal of the concept from the start, and leads to the withdrawal of the concept of public prosecution, so that we have a surface on the emotional understanding of the public prosecution to withdraw, then from the point of view of the theory of the prosecution right to further explore the nature of the withdrawal of public prosecution, so that we have a deeper understanding through the nature of the withdrawal of the appearance of the DPP. Next you elaborate on the public prosecution to withdraw the system of three theoretical foundation - the right of prosecution theory, controlled trial separation theory and the Prosecution theory, reveals one of the reasons the system has strong vitality - deep theoretical foundation. The second chapter, the operation of the system of public prosecution to withdraw the legislative mode, select some typical countries (regions), the legislation, examine the system of public prosecution to withdraw. Withdraw the indictable whether free chapter procuratorial organs, the need for the Court to review as the standard classification, representative countries (regions) in a centralized and unified introduce appropriate legislative model, in order to facilitate the observation of national public prosecution to withdraw legislative provisions reach for the perfection of Public Prosecution to withdraw the purpose of the advanced experience of extraterritorial legislation. Chapter III of Public Prosecution withdrew the history and current situation of the system, and focuses on the public prosecution to withdraw the system run in the history of China's development and the present situation. If the first two chapters are introduced from a common point of view on indictment to withdraw this system theoretically legislative situation, then after two chapters from the perspective of personality focuses on the basic situation of the system of Public Prosecution to withdraw, which this chapter is mainly Introducing the public prosecution to withdraw the system in our country's past and present, that the system of China's Development History of the system in our current problems and defects. Chapter IV, the future prospects of the system of public prosecution to withdraw this chapter introduces the system of public prosecution to withdraw what should we do in our country. The system has strong vitality of the Abolition of the leads first by introducing an indictable withdraw two reasons - its own system of values ??and the realities of the need to come to our indictable withdraw this certainty should continue to exist Conclusion The proposed legislation for highlighting the problem of how to improve the suggestions.

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