撤回起诉是起诉变更主义之下的制度设计。根据司法解释的规定,撤回起诉后应当限期作出不起诉决定,刑事诉讼就此终结。我国司法解释将撤回起诉的事由限定为法定不起诉和证据不足不起诉的情形。针对因证据不足而撤诉的,应当严格限制其与补充侦查手段的合并适用。检察机关向法院撤回起诉应在一审判决宣告之前,并以法庭辩论终结前提出为宜。为防止撤诉权被滥用,还应从落实司法制约,明确诉讼救济制度和严格限制再行起诉等方面进一步完善对公诉撤回制度的制约机制。 Withdrawal of prosecutions is the design of the regime under prosecution for alienation. According to the provisions of the judicial interpretation, after the withdrawal of prosecution, the non-prosecution decision should be made within a time limit, and the criminal proceedings thus ended. China’s judicial interpretation of the withdrawal of prosecution will be limited to the legal grounds for prosecution and insufficient evidence of non-prosecution. For withdrawal of evidence due to lack of evidence, it should be strictly limited to the merger with supplementary investigation means. The procuratorial organ shall withdraw the suit from the court before the verdict of the first instance is made and before the end of the court debate it is appropriate. In order to prevent abuse of the right to withdraw the litigation, the restriction mechanism of the system of withdrawal from public prosecution should be further improved from the aspects of implementing the judicial restriction, clarifying the litigation relief system and strictly restricting the re-prosecution.