Study Of Deferred Prosecution

Deferred prosecution stems from Japan and Germany at the last century. Its direct reran is litigation economic requirements as a result of the surge and rising in crime. Deferred prosecution as a condition of non-prosecution is on the enrichment and development of non-prosecution system. Suspend the prosecution of persons charged with crime has been suspended as a precondition. It is a conditional non-prosecution system. It is essentially a procedural decision and does not involve entities.Formation of deferred prosecution derived from a variety of reasons. The change of punishment teleology from repay punishment concerning to purpose of torture is judicial philosophy foundation of deferred prosecution. And the change of Prosecution discretion mechanism from Prosecution legal doctrine to opportunifat springs is lawsuit idea foundation of deferred prosecution. The raising of Tempering criminal policy and Socialistic harmonious society governing idea is the requirements of policy of deferred prosecutionSystem programming shunt mechanism, in many countries, including Germany, Japan, the United States, the Netherlands, and Taiwan, is for the purpose of seeking to maximize effective use of limited judicial resources and.improve the efficiency. Legal theory of deferred prosecution containing opportunifat springs, plea bargaining, restorative Justice, negotiated Justice is demonstrated the inherent requirement to do this.At present, Criminal Procedure Law of China does not expressly provide deferred prosecution. In judicial practice, the People's Procuratorate of Changing District of Shanghai is the first one to explore the grass-roots procuratorates deferred prosecution. Followed by Shanghai Pudding District, Haitian District, Beijing, Nanjing Pekoe District, DengFeng City, Henan, Jiangsu Zhenjiang City Procuratorate and some other areas have also begun to engage the pilot trial of the system, and achieved good social effects. But there is no actual case in Inner Mongolia.Deferred prosecution is as an innovative system of grass-roots level in some parts of China Procuratorate for trial. Although the practice has achieved good results, we also found some problems in the operation of deferred prosecution. It is noteworthy that protection of the rights of victims and practical of help and education issues of the investigation. So, if we want to establish the deferred prosecution system in China, we should follow the restorative justice and humanity of penalty, opportunifat springs and litigation of economic, justice and harmonious society, tempering justice with mercy and the foundations of social public interest theory and policy.The deferred prosecution does not exist in the above sense of our current law. However, in view of the existing problems in the specific crime prevention and criminal justice, and the successful operation of general application of deferred prosecution in many countries can really be considered to build it in the criminal procedure system. It includes the legislative intent, the basic principles, adjusting the object, suitable conditions, the determination procedure and Review supervision mechanism for the need of System actual operation.