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撤回公诉事关国家刑罚权的放弃或调整,事关检察机关与审判机关的职权配置与相互关系,影响到被告人、被害人的合法权益保障,与实现司法公正和诉讼效益紧密关联。但是目前撤回公诉制度在立法和实践层面存在一些不容忽视的问题亟待解决。应在总结我国撤诉经验和目前司法解释及司法实践存在问题的基础上,立法上重构撤回公诉制度,完善撤诉的相关法律规定。
Withdrawal of public prosecution concerns the abandonment or adjustment of the right of state punishment, which concerns the configuration and interdependence of the powers and powers of the procuratorial organ and judicial organ, affects the protection of the legitimate rights and interests of the accused and the victim, and is closely linked with the realization of judicial fairness and litigation benefit. However, at present, there are some problems that can not be ignored in legislation and practice with the withdrawal of the public prosecution system. On the basis of summing up the experience of withdrawal of our country and the existing problems of judicial interpretation and judicial practice, we should reconstruct the system of public prosecution by law and improve the relevant legal provisions of withdrawal.