On the Withdrawal of Public Prosecution

In this author's point of view, the withdrawal of public prosecution is not only in line with the requirements of the principle of the separation of prosecution and adjudication and that of freedom in prosecution, but also embodies the pursuit of justice and efficiency. It is further emphasized that the time for withdrawing a case should be before the end of investigation in court, and that the reason for withdrawal is there exists circumstances where nonprosecution decision should be made. In order to protect the rights and interests of the parties, the court should conduct judicial review on cases for which the prosecution organs ask to withdraw; meanwhile, take the opinions of the defendant and the victim into consideration. It is also pointed out that, in terms of the legal effect, there are both similarities and difference between the withdrawal of public prosecution and nonprosecution. 