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清末时期引入新式法制,于光绪三十二年(1906年)正式建立了检察制度。清末检察厅有提起控诉、上告及抗告的刑事上诉职权,还有非常上告及提出再审之职权。同时,根据清末有关法令,检察厅不得撤回刑事上诉,即便提起上诉只对被告人有利,检察厅也负有提起刑事上诉的职责。
In the late Qing Dynasty introduced a new legal system, in the thirty-two years Guangxu (1906) formally established a procuratorial system. At the end of the Qing Dynasty, the Prosecutorial Office of the People’s Republic of China instituted the criminal appeal powers of suing, suing and suing, as well as the very powers of submitting and retrial. In the meantime, according to the relevant laws and decrees in the late Qing Dynasty, the Public Prosecution Service shall not withdraw criminal appeals even if the appeal is filed only with the accused. The Public Prosecution Service also has the duty to institute criminal appeals.