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撤回公诉制度是我国司法实践中长期存在的一种公诉权行使模式,其存废饱受争议。两高司法解释都对撤回公诉制度予以相关规定,但其在法律设置上的缺失,导致司法实践中适用该制度存在法律空白,理论界对此提出诉讼便宜主义是其设置的理论基础,并结合司法公正以及诉讼效率等价值追求作为设置撤回公诉制度的正当性前提。在此,本文认为有必要对撤回公诉制度的合法性以及合理性设置提出分析、建议,以便于在司法实践中的适用奠定基础。
Withdrawing the system of public prosecutions is a long-standing mode of exercising the power of public prosecution in judicial practice in China. Both of them have the relevant stipulations on the withdrawal of the system of public prosecution, but their lack of legal establishment leads to the existence of legal gaps in the application of the system in judicial practice. The theory of litigation advocated by theorists is the theoretical basis of its setting and combined with Judicial fairness and the pursuit of the value of litigation efficiency as the legitimate premise of setting aside the system of public prosecution. Here, this article thinks it is necessary to put forward the analysis and suggestion on the withdrawal of the legitimacy and reasonableness of the system of public prosecution so as to lay the foundation for the application in the judicial practice.