2009•Journal of Heilongjiang Administrative Cadre College of Politics and LawRequires access
The Rational Limitation of the Withdrawal of Public Prosecution System
Huang Guang-ji
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Abstract
In the practice,the validity of withdrawal of public prosecution,which is an agreement method of the procuratorial agency and the court to avoid innocent decision face questioning in certain extent.In fact,existence of the withdrawal of public prosecution system has little relationship with the litigation mode,the public prosecution system,and the principle of the separation of prosecution and adjudication.This system is just a mean of saving judicial resources in the terms of that a case does not have the necessary to be continued to trial.As lacking of rational limitation,the withdrawal of public prosecution is abused to some extent.It is necessary to perfect the efficacy and scope of the withdrawal of public prosecution.