ON THE PERFECTION OF CHINESE WITHDRAWAL SYSTEM OF CRIMINAL PUBLIC PROSECUTION FROM THE PERSPECTIVE OF XU JINGXIANG CASE

As an important system in criminal prosecution, withdrawal system of criminal public prosecution had been established in legislations of most major countries all over the world since the formulation of public prosecution system in modern significance. It plays an important role in juridical practice. There has not been basis for withdrawal system of public prosecution in Criminal Procedure Law in China. However, the procuratorial organ is engaged in the judicial practice of withdrawal of public prosecution in accordance with the relevant judicial interpretation. Due to the lack of legislation, the unspecific judicial interpretation and regulation, withdrawal system of public prosecution has always been a weak link in the theory and practice of criminal prosecution. Therefore, it needs comprehensive reform and improvement urgently.