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经八届全国人大四次会议表决通过,修改后于1997年1月1日开始实行的刑事诉讼法废除了检察机关撤回公诉的权力,但最高人民法院的司法解释和最高人民检察院的刑事诉讼规则又认可了检察机关这一权力,从司法实践看,检察机关也确有撤回公诉事实,但撤回公诉权力的行使存在法律依据不足,与公诉权相悖,也无法律程序可依的现状。
The Criminal Procedure Law, as amended and passed on January 1, 1997, abolished the power of prosecutors to withdraw public prosecutions after the vote was passed at the Fourth Session of the Eighth National People’s Congress. However, the judicial interpretation of the Supreme People’s Court and the Criminal Procedure Rules of the Supreme People’s Procuratorate Also recognized the procuratorial authority of this power, from the judicial practice, the prosecution does have the withdrawal of the prosecutorial fact, but the withdrawal of the power of prosecution there is a lack of legal basis, and prosecutors right, there is no legal process to the status quo.