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以审判为中心的刑事诉讼制度要求转变传统的刑事诉讼格局,确立审判在诉讼活动中的核心主导地位,充分发挥侦查权、检察权、审判权之间的配合与制约功能,维护司法公正。检察机关撤回公诉本质是一种诉讼监督、程序请求和检察裁量,具有保障人权、提高诉讼效益、实现客观公正的价值。我国撤回公诉实践中存在立法规范缺失、适用程序不明、权利保障缺乏、监督制约不足等问题,影响着检察机关撤回公诉权的有效实施。为此,需要从以审判为中心的视角重构撤回公诉制度,明确撤回公诉制度的立法规范,完善撤回公诉制度的适用程序,加强撤回公诉制度的权利保障,强化撤回公诉制度的监督制约。
The criminal litigation system centered on trial requires the transformation of the traditional pattern of criminal litigation, the establishment of the core dominance of the trial in litigation activities, the full cooperation and coordination of the powers of investigation, procuratorial power and judicial power, and the maintenance of judicial fairness. The procuratorial organs withdraw the nature of the prosecution is a kind of litigation supervision, procedural requirements and prosecutorial discretion, with the protection of human rights, improve the effectiveness of litigation, to achieve objective and fair value. In the practice of our country’s withdrawal of public prosecutions, there are some problems such as the lack of legislative norms, the unknown application procedures, the lack of protection of rights and the lack of supervision and restriction, which affects the effective implementation of the withdrawal of prosecutorial power by procuratorial organs. Therefore, it is necessary to reconstruct the public prosecution system from the perspective of trial-centered, clarify the legislative norms of withdrawing the public prosecution system, improve the applicable procedure of withdrawing the public prosecution system, strengthen the protection of the right to withdraw the public prosecution system, and strengthen the supervision and restriction of withdrawing the public prosecution system.