公诉案件撤回起诉质疑

On Withdrawal of Charges

公诉案件撤回起诉是庭审过程中的一种诉讼行为。修改后的刑事诉讼法已将其废除,说明其已无存在的诉讼价值,同时法律亦不再赋予检察机关撤回起诉权。但是,两高又以司法解释的形式将撤回起诉重新纳入刑事诉讼轨道,给司法实践带来弊端。诉讼实践证明,"有法必依"的司法原则不可动摇。如果认为撤回起诉有存在的必要就应在刑事诉讼法中加以明确规定。

Withdrawal of charges which has abolished by revised The Criminal Procedure Law of China is an action of court hearing. Thus the procuratorial organ does not have the right to withdraw charges. However the Supreme People's Court and the Supreme People's Procuratorate authorized procuratorial organ with the right to withdraw charges newly by judicial interpretation, which has led judicial practice to trouble. It has been proved in judicial practice that principle of compliance of effective laws should not waive. Only express provision of Criminal Procedure Law can take effect of withdrawal of charges.