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国外、境外撤回起诉即意味着终止诉讼,撤诉与不起诉具有同一法律效力。我国检察机关撤回起诉既不属诉讼终止,也不是诉讼中止,而是效力未定的诉讼行为。从司法实践看,撤诉后重新对案件作出处理的机制弊多利少。从程序正义角度看,将撤回起诉书视为不起诉决定书,撤回起诉的效力等同于不起诉决定,不仅可以简化诉讼程序,提高诉讼效率,而且有利于充分保障被告人的合法权益。
Foreign and domestic withdrawal of prosecution means termination of litigation, withdrawal and non-prosecution have the same legal effect. The withdrawal of prosecution by procuratorial organs in our country is neither termination of the lawsuit nor termination of the lawsuit. It is an act of undetermined litigation. Judging from the judicial practice, the mechanism for handling cases after withdrawing a complaint is more disadvantageous. From the perspective of procedural justice, withdrawing the indictment as a non-prosecutorial decision and withdrawing the prosecution have the same effect as non-prosecution decisions. This can not only simplify the procedure and improve the efficiency of litigation, but also help to fully protect the defendant’s legitimate rights and interests.