Research On Deferred Prosecution System

Deferred prosecution is upon the prosecution had to act constitutes a crime, but less serious criminal suspects, with the conditions and time limits, to temporarily not to prosecute, according to the said person after the performance to decide whether to terminate the proceedings. Currently, the implementation of the system typical of Germany, Japan, the United States and China's Taiwan, Macao and other regions. Whether it is civil law or common law, the system is increasingly being adopted by countries and regions. China is also actively explore the issues related. In recent years, many local prosecutors in the judicial practice, try not to prosecute the application with conditions and caused widespread controversy. Also formed a number of academic and practical value of theoretical research, but in some fundamental theoretical issues, there is no consensus. In this paper, the concept of suspension of prosecution, theoretical foundation, and the value of conditional non-prosecution issues are also discussed. Extraterritorial regions by comparative analysis of the related system, in combination with deferred prosecution of the problems faced in practice and the District Public Prosecutor's trial experience, to explore the establishment of the necessity and feasibility of the system, based on more comprehensive proposed How to build the system.