刑事公诉变更制度是现代公诉制度的重要内容之一。刑事公诉变更权包括撤回公诉、追回公诉和变更公诉三项权能。撤回公诉(以下简称“撤诉”)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。撤回公诉一直是我国刑事司法实践中存在的处理公诉案件的方式之一。但由于立法缺失,司法解释简约,导致撤诉实践做法不一,直接影响刑事司法的权威性、公正性。鉴于此,本文试在分析我国刑事公诉撤回制度存在问题的基础 The system of criminal public prosecution is one of the important contents of modern public prosecution system. Criminal public prosecution to change the rights include the withdrawal of public prosecution, prosecution and change the prosecution of public prosecution three power. Withdrawal of public prosecution (hereinafter referred to as “withdrawal of a lawsuit”) refers to the prosecution in a criminal procedure withholding of public prosecution cases that have been brought before a people’s court. The withdrawal of public prosecutions has always been one of the ways to deal with public prosecution cases in the practice of criminal justice in our country. However, due to the lack of legislation and the simplistic interpretation of the judicial system, the practice of withdrawal of prosecutions varies from one case to another, which directly affects the authority and fairness of criminal justice. In view of this, this article tries to analyze the basis of the existing problems of the withdrawal system of criminal prosecution in our country