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Prosecution withdrew System

Author: YanXinAi
Tutor: LiuMei
School: China University of Political Science
Course: Procedural Law
Keywords: Prosecution Prosecution withdrew the right of withdrawal system Prosecution to withdraw
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 51
Quote: 0
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Abstract


Prosecution withdrawn, is the prosecution of the accused after the prosecution, the court before judgment is pronounced, in accordance with certain conditions and procedures to the court or withdraw allegations by a court whether to grant legal action. The prosecution withdrew the prosecution the right to exercise an important power indictment, one of the world most countries have entrusted the prosecution withdrew certain public prosecution. China's current \However, two high judicial interpretation due to lack of rationality, not comprehensive, leading to a withdrawal of prosecution in practice there has been confusion, especially around the time of the judiciary for prosecution withdrawn, reason, methods, procedures, limitations, effectiveness and other issues, there is no unified understanding of the impact of the seriousness of criminal justice, fairness. Therefore it is necessary to improve this important system in theory. This article is based on the status of our judicial practice, learn from foreign countries and regions in the prosecution withdrew the theory based on the combination of judicial practice problems, trying to withdraw from the prosecution time limit situation, relief system, put forward their own proposals . Through the introduction of the relevant public prosecution to withdraw the relevant judicial interpretation system preliminary analysis, there is a problem about this system and the main purpose of writing this thesis. Paper is divided into three parts. The first part: Prosecution withdrew the theoretical foundation of the concept of partial withdrawal from the prosecution, elaborates the public prosecution and the right to withdraw the indictment, prosecution Discretion and Prosecution basic meaning of the right of withdrawal and their mutual relations. Demonstrated the public prosecution and prosecution discretion necessarily must contain an indictable withdraw this proposition, that the right to appeal discretionary prosecution theory and the theory is the theory of public prosecution to withdraw the system performance matter sources and their inherent worth supporting. Part II: The extraterritorial national and regional public prosecution withdrew Systems of comparison, this section focuses on civil law and common law, and Taiwan, China and Japan to withdraw prosecution system to compare the different characteristics and analyze the different characteristics and causes , in order to improve our system of public prosecution withdrew to provide reference. Part III: Prosecution to withdraw our system problems. If the time limit for prosecution withdrew unreasonable grounds is not clear, the constraints on the public prosecution to withdraw after the withdrawal remedies ineffective and lack of prosecution and other issues. And on this basis put forward a sound system of public prosecution to withdraw the necessity, reasonableness and then focus on the following five aspects of how to improve our system of public prosecution withdrew their legislative proposals put forward: first determine a reasonable time frame; second indictment complete withdrawal grounds; Third perfect for prosecution or revocation mechanisms, including internal supervision Procuratorate, the court's restriction, the defendant constraints; fourth indictment to determine the effectiveness of the withdrawal; fifth perfect party relief channels.

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