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撤回公诉是指在刑事诉讼中检察机关撤回已经向人民法院提起的公诉案件的诉讼活动。我国现行刑事公诉撤诉制度存在着立法规定缺失,撤诉性质、事由不明确,撤诉时间规定不合理,撤诉后的处理及处理程序不明确,对撤诉的制约不力,被告人、被害人的诉讼权利得不到保护,撤诉后重新起诉条件不严格等缺陷。重构我国刑事公诉撤诉制度的基本思路是:立法应当赋予检察机关撤诉权,明确规定撤诉的理由和方式,规定撤诉的时间、效力及重新起诉的条件,强化撤诉的制约监督机制,加强对撤诉过程中当事人的权利保护。
Withdrawal of public prosecution refers to the prosecution in criminal proceedings to withdraw the prosecution has been brought to the people’s court litigation proceedings. The existing system of withdrawal of criminal prosecution in our country is deficient in legislation and the nature of revocation. The reasons for the withdrawal are not clear. The time limit for withdrawing a complaint is not reasonable. The handling and handling procedures after the withdrawal of a petition are not clear. Restrictions on withdrawing a petition are not strong. The procedural rights of the accused and the victim are not To protection, withdrawal of complaints after the prosecution conditions are not strict and other defects. The basic idea of reconstructing the system of withdrawal of prosecution in criminal prosecution in our country is that legislation should give procuratorial organs the right of withdrawal and clearly stipulate the reasons and methods of revocation and stipulate the time and effectiveness of revocation proceedings and the conditions for resuming prosecutions. The protection of the parties’ rights in the process.