Review of the Finality of Public Prosecution Decisions:From the Perspective of Further Amendment to The Criminal Procedure Law
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.
withdrawal of prosecutionsubstantive finalityprocedural finalitynew factsnew evidence
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