In China,although the withdrawal prosecution system abused by procuratorate has been criticized for its being,it is undoubted that it is conducive to protect he defendant's rights and save judicial resources.We should not abolish it only because it has the risk of abuse.In our country,the withdrawal prosecution system has three defects:it lacks the participation of the parties,the court's review on the withdrawal of prosecution is a mere formality,and the court's verdict lacks finality.In order to improve the withdrawal prosecution system,it is necessary to listen to the opinions of the defendant and the victim,require the court to conduct substantive review on withdrawal prosecution,and enhance the finality of the court's verdict.
关键词
撤回起诉/当事人参与/实质性审查/裁决终局性
Key words
withdrawal prosecution/participation of parties/substantive review/finality of verdict
维普
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