The procedural law objective in the exercise of public prosecution authority is to form and maintain a specific litigation ascription relationship.Once the litigation relationship is formed,it will exert a binding effect on the construction of the prosecution,defense,and trial parties."Non prosecution"aims to declare that the litigation relationship cannot be established,while"withdrawal of prosecution"and"final judgment"aim to eliminate the established litigation relationship.The above judgments or decisions,as evaluation mechanisms for litigation relationships,have varying degrees of certainty.Among them,the premise for the generation of substantive certainty is that the substantive judgment eliminates the litigation relationship,and public prosecution sanctions represented by"no prosecution"and"withdrawal of prosecution"decisions do not involve the evaluation of the substantive criminal responsibility relationship and do not have substantive certainty.However,considering legal stability and peace,there should be restrictions on prosecution after the decision to"not prosecute"or"withdraw the prosecution"is made.These restrictions are embodied in the substantialization of the"new facts"and"new evidence"requirements that serve as the thresholds for initiating the procedure.
关键词
撤回起诉/实质确定力/形式确定力/新的事实/新的证据
Key words
withdrawal of prosecution/substantive finality/procedural finality/new facts/new evidence
维普
万方数据