撤回公诉程序中检察权配置的冲突与协调

The Conflict and the Coordination of Procuratorial Power Configuration in Withdrawing Public Prosecution

撤回公诉权是检察权的重要组成部分。撤回公诉的时间以及案件选择体现检察权与审判权的冲突。撤回公诉程序中也存在检察权与当事人权益的冲突。法院对检察机关撤回公诉具有形式核准权。撤回公诉的时间应限定在一审中合议庭评议之前,并适当限定撤回公诉的案件范围。撤回公诉程序中应该赋予被害方对实体性撤诉案件的申诉权,被告人有权申诉并应立即被解除强制措施。

The right to withdraw public prosecution is an important component of procuratorial power. The time of withdrawing prosecution and the case choices embody the conflict between procuratorial power and judicial authority. There also exists the conflict between procuratorial power and the human rights of litigant in withdrawing public prosecution. The court has right to examine and approve procuratorial organ to withdraw public prosecution. The time of withdrawing prosecution should be prior to the discussion of collegiate bench in the first instance and the scope of the case withdrawn public prosecution should be appropriately limited. In withdrawing public prosecution, the victims should be given the right of petition, and the accused have the right to appeal and should immediately be lifted the coercive measures.