Study On The System Of Prescription Of Prosecution

Prescription of prosecution is an important and interesting problem in modern criminal theory and practice, seemingly it is opposed to two basic principles of criminal Law, the first of which is that crime and punishment must be enacted by Law, the second of which is that punishment must accord with crime. But essentially it aims at protecting human rights just as the principles do. Ostensibly it differ from criminal police in our country. But in substance it has the same purpose of preventing crime as the police. The article tries to study in the view of theory analysis and institution construction. It inquires into the definition of prescription of prosecution, and thinks that the substance of prescription of prosecution is the time limitation of prosecution which should be prescribed by criminal Law. It in the first time classifies the prescription of prosecution in theory. It probes into the theoretical base of prescription of prosecution and believes that: (1)the limitation of criminal law is the jurisprudent base of it; (2)the rationality of man is the theoretical base of it on human nature; (3)objectively recognizing crime problems is its theoretical base on sociology. The article analyzes the function and emphasizes its practical meaning. In the analysis of the system of law, the article maintains that calculating the limitation of prosecution should begin with the day when crime has been finished, and that we should increase two standards in the period of limitation in our criminal law. In termination of prescription of prosecution it recognizes the effectof continual termination. In joint crime it maintains the period of prosecution of those who don't anticipate in the post crime should not be terminated. The article suggests that suspension of limitation of prosecution should be built in our criminal law and begin with the day when the criminal proceeding has begun. It insists that the suspension of limitation of prosecution should take the place of the system of the forever prosecution. It also emphasizes that the suspension of limitation of prosecution should not outnumber five years.