摘要
撤回公诉是指在刑事诉讼中检察机关撤回已经向人民法院提起的公诉案件的诉讼活动。我国现行刑事公诉撤诉制度存在着立法规定缺失,撤诉性质、事由不明确,撤诉时间规定不合理,撤诉后的处理及处理程序不明确,对撤诉的制约不力,被告人、被害人的诉讼权利得不到保护,撤诉后重新起诉条件不严格等缺陷。重构我国刑事公诉撤诉制度的基本思路是:立法应当赋予检察机关撤诉权,明确规定撤诉的理由和方式,规定撤诉的时间、效力及重新起诉的条件,强化撤诉的制约监督机制,加强对撤诉过程中当事人的权利保护。
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 coricerning 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.
出处
《宁波大学学报（人文科学版）》
2007年第6期101-107,共7页
Journal of Ningbo University：Liberal Arts Edition
关键词
撤回公诉
立法缺陷
立法完善
withdrawing public prosecution
legislature imperfections
legislature improvement
