撤回起诉滥用现象的实证分析与制度完善

An Empirical Analysis on the Abuse of Withdrawal of Prosecution and Improvement of Its System

目前我国刑事诉讼法典未将撤回起诉纳入法律规制范围,立法缺位导致司法实践中撤回起诉脱法运行,同时由于不起诉制度、公诉审查制度运行不畅、无罪判决缺位等因素,致使撤回起诉制度功能变异,并在实践中被频繁滥用。破解这一困局,需要从完善撤回起诉制度的相关立法、健全撤回起诉制约机制及相关配套制度等方面入手,真正发挥公诉撤回制度的功能和价值。

At present,the criminal procedure code of China does not bring the withdrawal of prosecution into the scope of legal regulation,and the absence of legislation leads to the withdrawal of prosecution from the operation of law in judicial practice.At the same time,due to the non-prosecution system,the system of public prosecution review is not running smoothly and the absence of acquittal judgment,and so on,they lead to the functional variation of the withdrawal of prosecution system and its frequent abused in practice.To solve this dilemma,one need to improve the relevant legislation of the withdrawal of prosecution system,perfect the system of withdrawal of prosecution and related supporting systems,so as to give full play to the function and value of the system of withdrawal of public prosecution.