刑事诉讼中侦查阶段的撤案制度研究

刑事诉讼中的撤案制度是指侦查机关对已经立案侦查的案件,经过全面侦查,根据已经查明的证据和事实,认为犯罪嫌疑人没有犯罪,或者情节轻微不构成犯罪,或者依据法律规定不需要追究刑事责任的,依法终止追究其刑事责任的一项诉讼活动,是一项影响刑事诉讼进程与结局的诉讼活动。不同类型的撤案其法律后果也不同。正确适用撤案制度符合诉讼经济原则,有利于保护当事人的合法权益。

A Probe into the System of Withdrawing a Case in the Process of Criminal Investigation

The system of withdrawing a case in the process of criminal investigation is a lawsuit action in view of the registered and investigated case. The investigating organs think that the suspected person did not commit the crime, or the circumstance was too slight to constitute a crime, or it does not need investigating the criminal responsibilities according to the law and regulations, therefore, the investigating of the criminal responsibilities is terminated, either by means of comprehensive investigating or based on the investigated and ascertained evidence and facts. It is a lawsuit action that can affect the criminal proceedings and results. To different types of withdrawal of cases, the consequences are different too. Hence, the correct way of applying the withdrawal of a case conforms to the economic principle in a lawsuit, and will be beneficial to the party's legitimate rights and interests.