撤回起诉是现行公诉制度的重要内容,撤回起诉制度以一种刑事诉讼过滤机制和诉讼程序补救机制,与公诉机制共同彰显诉讼的程序价值和人权保障功能,维护着检察权威和司法形象。①我国司法实践中出现的以撤回起诉代替法院裁判,严重损害了司法的公信力,浪费了司法资源。由于立法的缺失,司法解 Withdrawing the prosecution is an important part of the current system of public prosecution. Withdrawing the prosecutorial system with a mechanism of filing criminal prosecution and procedure remedy, and prosecutorial mechanism jointly demonstrate the procedural value of litigation and safeguarding human rights and safeguarding the procuratorial authority and judicial image. ① The emergence of prosecution in our judicial practice to replace court judgments has seriously damaged the credibility of the judiciary and hasted judicial resources. Due to the lack of legislation, judicial solution