Collection,removal and redistribution of responsibilities for cases with insufficient evidence in the withdrawal of public prosecutions——from the perspective of the theory of shirking responsibility in the judicial field
The issue of withdrawal of public prosecution,as a chronic disease of criminal procedure,has always been concerned by theoretical and practical circles.From the perspective of the theory of shirking responsibility,the withdrawal of prosecution procedure is essentially a process of flow and redistribution of liability risks in diffi-cult cases.Responsibility for cases with insufficient evidence arises at the investigation stage.By withdrawing public prosecution,the responsibility for the case is intercepted by the court and flows back to the prosecutor's office.After withdrawing the public prosecution,the procuratorate removed responsibility for the case through the investigative agency and the defendant.However,the effectiveness of the case handling was unclear,thereby dam-aging the rights and interests of the defendant.In order to improve the system of withdrawing public prosecutions,it is necessary to redistribute the liability risks of cases with insufficient evidence by weakening the procuratorial organ's shirking mechanism and strengthening the defendant's ability to bear responsibility.
withdrawal of public prosecutiontheory of shirking responsibilityinsufficient evidencerights and interests of the defendant
NETL
NSTL
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