Reconstructing the Criminal Public Prosecution Withdrawing System in China

Public prosecution withdrawing means the act of prosecution involved in procuratorial organs' withdrawing public prosecution cases lodged to people's courts.The current criminal prosecution withdrawing system in China has such weaknesses as the absence of the norms concerning legislature,the uncertainty in the nature and reasons of prosecution withdrawing,the unreasonableness of the rules concerning the time of prosecution withdrawing,the uncertainty concerning the procedures following the withdrawal of prosecution,the lack of strict constraint on prosecution withdrawing,the failure to protect defendants' and victims' rights in litigation,and the lack of strict conditions needed in re-lodging a lawsuit,etc.Regarding the reconstruction of the criminal public prosecution withdrawing system in China,it is suggested that the legislature should confer procuratorial organs the right to withdraw litigations,make clear the reasons,the ways,the time,and the validity of prosecution withdrawing as well as the conditions for re-lodging a litigation,strengthen the prosecution withdrawal constraining and supervising system and the effort to protect the rights of the parties concerned in the process of prosecution withdrawal.