本文认为 ,关于撤回起诉 ,修订前的刑事诉讼法曾有规定 ,修订后的刑事诉讼法则无规定 ,相应的司法解释虽然均有撤回起诉的条款 ,但是过于原则 ,缺乏可操作性。本文在理解撤回起诉的概念、适用情形以及法律后果的基础上 ,着重对撤回起诉后再行起诉的条件和检察机关如何正确行使撤回起诉权提出了建议。 This article argues that with regard to the withdrawal of prosecution, there are provisions in the Criminal Procedure Law before the revision. There are no provisions in the revised criminal procedure law. Although the corresponding judicial interpretations all have the clause of withdrawing the prosecution, they are too principled and lacks maneuverability. Based on the understanding of the concept, applicable circumstances and legal consequences of the withdrawal prosecution, this article focuses on the conditions for withdrawing the prosecution after the prosecution and the prosecutorial authorities how to correctly exercise the right to withdraw the prosecution.