Deferred Prosecution system is one of the manifestations of Prosecution principles. The Prosecution also known as the principle of prosecution rationalism, is a relative" />

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Discuss the Construction of Reprieve Prosecution System

Author: QianXiuPing
Tutor: WangYan
School: Zhejiang Technology and Business University
Course: Procedural Law
Keywords: Deferred Prosecution Prosecution Legal Prosecution Building System
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 158
Quote: 1
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Abstract

The Prosecution' dissertation">Deferred Prosecution system is one of the manifestations of Prosecution principles. The Prosecution also known as the principle of prosecution rationalism, is a relative concept and prosecute legal principle, it is the case for the existence of sufficient suspects with the conditions for prosecution, the prosecutors the discretion to decide whether or not to prosecute the principle. Prosecution of legal principle, also known as the prosecution of legal doctrine, prosecutors for the prosecution of criminal acts, in the case of sufficient facts of the crime, shall be sued. Prosecution principles deferred prosecution system as one of the manifestations of, given the prosecution depending on the case and decide whether or not to prosecute discretion. Of the Code of Criminal Procedure only requires that a legal not to prosecute, insufficient evidence to prosecute and relatively not to prosecute the three cases not be expressly provided for deferred prosecution system, but in judicial practice than many of them, the prosecution in the attempt with the use of this system, and achieved good social effects. This paper investigated the deferred prosecution system in the existing regulations in Japan, Germany and other countries as well as the effects of the operation on the basis of combining the actual situation of Trial deferred prosecution intends to start from the nature of the deferred prosecution, characteristics, reveals deferred prosecution system depends to the presence of the theoretical basis and Implied value function, and the analysis of the deferred prosecution in the background, to learn from countries such as Germany, Japan, legislation and judicial practice of deferred prosecution, and the reality of deferred prosecution in China Construction and reasonable. On this basis, this paper attempts to combine the characteristics of Criminal Procedure, the concept of the proceedings, and judicial practice, learn from to absorb foreign related deferred prosecution system is reasonable and scientific elements, trying to build a deferred prosecution system suitable for China's national conditions. This article introduction, body and conclusion of three major components. The first chapter of the preamble summarizes the present time researchers around the legislation and can not stand deferred prosecution arising from a variety of controversial issues, mainly includes four aspects: First, the concept of deferred prosecution; Second, deferred prosecution The variety called them comparative analysis, and my own humble opinion. Again, through deferred prosecution and at the discretion not to prosecute comparison, deferred prosecution system is more essential features outlined; in deferred prosecution Scope, finally, in our country to build a reasonable and realistic aspects of the deferred prosecution, the author simple view. Deferred prosecution in the second chapter of the first section examine the origins, historical development, deferred prosecution from Japan's Meiji era the system originator start to the current Criminal Procedure expressly provides for deferred prosecution from Germany initially purposes of strict prosecution Legalism to prosecute cheaper principle widely used in practice, the emphasis on the deferred prosecution in Germany, Japan, the United States, as well as China, Taiwan and other areas of the background and its operation mechanism and the effects of the operation. Section II describes the concept of a deferred prosecution, features, clarify deferred prosecution system concepts and features of the deferred prosecution system and immunity from prosecution, the relative not to prosecute several related concepts are compared in order to reveal between them substantive differences, which focuses on the deferred prosecution and at the discretion not to prosecute a comparative analysis between. The third chapter reveals the theoretical basis for the existence of the deferred prosecution system, four aspects of the theory of individual from prosecution right theory, the purpose of punishment theory, the spirit of the Restraining Criminal Law and penalties demonstrate the reasonableness of the deferred prosecution system exists. Chapter theoretical analysis of the function of the value of deferred prosecution intended to illustrate the legitimacy according to the deferred prosecution. The fifth chapter is based on the deferred prosecution system in the existing provisions, the mode of operation and the effects of the operation of other countries such as Japan, Germany, outlined the basic framework of the deferred prosecution system, including deferred prosecution Scope, the applicable conditions, deferred prosecution during and incidental obligations of supervision and regulation of the deferred prosecution decisions, the effectiveness of deferred prosecution decisions and legal consequences. Chapter 6 of the deferred prosecution in the current situation and existing problems in the development of our country, built on the basis of a deferred prosecution system suitable for China's national conditions. Of procuratorial organs around the pilot system of deferred prosecution in the Code of Criminal Procedure, there is no legal basis for the lack of legitimacy. In addition, procuratorial organs around the practices and regulations are not uniform, there is no uniform standard. Legislative design, I focused a deferred prosecution system is applicable restrictions on the prosecution of discretion as well as supervision and restraint. Finally, Chapter 7 Conclusions section summarizes the point of this article, pointed out the need to further explore the relevant issues.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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