论文部分内容阅读
撤回公诉制度作为起诉自由裁量权制度的自然延伸,是起诉便宜主义的体现,也是诉讼价值多元化的必然结果。近年来,由于我国对撤回公诉制度规定在立法上存在缺陷,司法实践中撤回起诉的操作比较混乱。应从立法上完善相关规定,并出台配套的司法实务操作规定,规范撤回起诉的适用,防止司法权力的滥用,保证司法的严肃性及公正性,实现惩治犯罪及保障人权的目的。
The withdrawal of the public prosecution system as a natural extension of the prosecutorial discretionary system is a manifestation of the prosecution of cheap doctrine and a necessary consequence of the diversification of litigation value. In recent years, because of our country’s legislation on the withdrawal of the system of public prosecution flaws, the operation of withdrawing the prosecution in judicial practice is rather chaotic. The relevant provisions should be perfected from the legislation and the accompanying judicial operation regulations should be promulgated to regulate the application of the withdrawal of prosecutions, to prevent abuse of judicial power, to guarantee the seriousness and impartiality of the judiciary and to realize the goal of punishing crimes and safeguarding human rights.