Study On The Limitation System Of Criminal Prosecution In China

As a basic criminal law system,the statute of limitations for criminal prosecution has been recognized and adopted by many countries in the world.On the surface,the prescription system of criminal prosecution contradicts the three basic principles of criminal law,which are legality,proportionality and equality.On the surface,it contradicts the criminal policy of combating crimes,while on the basis,it is no different from the current criminal policy in preventing crimes.But because of the different national conditions,cultural differences,the limitation system origin and development degree of different limitation system,the system of limitation of legislation each are not identical,the theoretical knowledge of the limitation system and research are also different,and the system of limitation of research in China starts late,the current criminal law for the regulation of system of limitation of simple,logical flaw,and has been stagnant,which increased the difficulty of the loopholes in legislation and judicial application,in addition,lack of understanding of the significance of the limitation system,cause the system with the whole of our criminal law system innovation and doesn’t fit the specification change.Old problem has not yet been solved,new problems appeared again,the law of the People’s Republic of China on inspection act has been enacted in March 2018,our country supervision system reform has been developed from the original pilot carried out after 19 major,national and local levels,the supervisory organ has been established,the original state personnel duty crime indictment has further integration,this directly leads to the change of the duty crime prosecution main body,the penal code of the original provisions on limitation system already can not adapt to the needs of the development and change of the new situation,it also for our country’s criminal limitation system restore provides an opportunity to a threatening situation.This article through to our country the system of limitation of the legislation and theory study situation encountered problems in judicial practice,combing and analysis of evaluation,combining with the current criminal law as a whole and the development trend,with the way suitable to China’s context clear due position in the system of limitation in the theoretical study,the problems that should be paid attention to and the development direction,with the our country anti-corruption power to architecture and related to readjust the major situation change of state power at the same time,a comprehensive system to put forward the reconstruction design arrangement in the system of our country’s limitation,believe that will be the limitation system actively influence theoretical research and judicial practice.This paper starts with the theoretical research of the prescription system of prosecution and the establishment of the system from two perspectives.It adopts the historical research method,comparative research method,case analysis method,analytical induction method and economic analysis method to analyze and study the prescription system of criminal prosecution in China according to the context of putting forward problems,analyzing problems and solving problems.This paper is divided into six chapters,respectively from the basic system of the limitation of prosecution,the suspension of the limitation of prosecution,the limitation of prosecution of unit crime,the network crime,retroactivity and other special problems and system improvement to analyze and demonstrate.The fundamental problem of the first chapter is about the system of limitation,this chapter will be divided into five sections,respectively is: the history of the limitation system development,concept and classification,theoretical basis,features and the present status of legislation about the system in China,the limitation system from the Angle of the Angle of history,theory,contrast the pros and cons,the Angle of the reality in view of analysis,the general situation is introduced,make everyone to the history of the limitation system,value and other issues have comprehensive and profound understanding and the understanding,sweeping question,also provide details in the face of the system under study theory,is the first part of this article.Stop in the second chapter is about the limitation system problem,the problem is the basic problem of the limitation system,is also the limitation system the main problems of theoretical research and judicial practice,mainly to solve the limitation when beginning,when the end of the problem,from the current theoretical research and legislative situation,stop the problem mainly including aging suspend,interrupt,terminate the three problems,this chapter is divided into four sections,respectively is: System of limitation to stop the concept and characteristics,the limitation of suspension system,interruption of limitation system,limitation end system,the author from the four aspects carries on the analysis,induction,comparison,put forward,analysis our country current limitation system in aging suspend,limitation,aging terminate,the problems of serious shortage of our understanding of limitation before,rough legislation is relatively lag problem,lay a foundation for the perfection of the system,is one of the main part of this article.The third chapter is about the limitation of prosecution of unit crime,which is a special problem in the limitation of prosecution system,but a big problem.In order to balance the structure,the author makes a separate chapter to analyze and introduce the problem.Current limitation system in China from the 1979 penal code transplantation,little change,but the penal code in 1979 has not stipulated the unit crime problem,cause our unit crime prescribed in the penal code in 1997 when the insufficient understanding of the particularity of unit criminal limitation,the principal punishments such as free punishment,the death penalty for the standard set up the limitation of the system and unit crime fined unit,the supplementary punishment punishment contradiction between relation and the limitation of criminal law system applicable to all criminal one,didn’t consider the special problem of unit crime,so that exist in the process of apply such and such confusion,This chapter makes an all-round and multi-angle analysis and argumentation from five aspects,such as the special factors that affect unit crime,the counting of limitation of unit crime,time limit setting,limitation stopping,judicial application and improvement.It puts forward problems,analyzes problems and puts forward my own understanding and opinions,laying a good foundation for the solution of the following problems.This chapter is divided into five sections,in each section is divided into two,three parts for induction,analysis,explanation.This chapter is the highlight of this paper,is also one of the main body of this paper.The fourth chapter is about other special problems about the limitation of prosecution.Due to their own shortcomings,the limitation of system in China will face various problems in the process of apply,as the author from the aspects of the system in large system is insufficient,the idea and its deficiency,also exist in the micro system design in a specific problem solving disputes,this article from the limitation of network crime,retrospective problems since,in the problem,aging problem of setting,the time limit,make problems such as the six representative analysis and argument,put forward problems,analyzing problems,for later micro perfect lays the foundation of our country’s limitation.This chapter is the specific problems of the limitation of prosecution system in the process of judicial practice.Although these problems are small,they affect the whole body.Through analysis and evaluation,it is of great significance to solve the operation and application of the limitation of prosecution.This chapter makes comments through cases and comparisons,and puts forward some of its own opinions.This chapter is divided into six sections,and each section takes the context from examples to problems,from analysis to providing solutions.This chapter is one of the main parts of this paper.The fifth chapter is about the macro perfection of the statute of limitations.This chapter is divided into four sections,respectively: abolishing the system of extending the limitation of prosecution,extending the period of prosecution,adding the system of suspending and terminating the limitation of prosecution.On the basis of the above analysis and argumentation,starting from these four aspects respectively,this paper mainly adopts the method of comparative argumentation,focuses on solving practical problems,and proposes the scheme design of the improvement of the prescription system of prosecution in the macro aspect,which is the novelty of this paper.The sixth chapter is about the microscopic perfection of the statute of limitations.This chapter is divided into three sections.The first section is about the problem of improving the time limit for prosecution.It proposes solutions to the problem that the maximum statutory punishment is criminal detention,public surveillance,life imprisonment,death penalty and the application of limitation of prosecution under the combined punishment of several crimes.The second section is about the micro perfection of several small problems,mainly including the limitation of the limitation of interruption,the main problem of prosecution,the problem of the expression of the prescription from the beginning of the specific details to take the method of comparative demonstration,put forward the solution;The third section is on the basis of the above analysis and argumentation,and puts forward the scheme design of the improvement of the limitation of prosecution system in our country.This chapter is also a key part of this novel.The last part is the conclusion.In this paper,the author analyzes and demonstrates from the above six aspects,points out the defects and deficiencies of the system of limitation of prosecution in China,conceiving the modification and improvement,and expressing his own insights,so as to be beneficial to theoretical research,legislation and judicial practice.