| In the criminal lawsuit, reprieve prosecution is a action taken by procurator after they inspected the case. Regarding of situation of the case, procurator can take it or not, which is of the public prosecution. There is no related regulation of reprieve prosecution in China criminal lawsuit, but with the reform on the public prosecution system, reprieve prosecution become more and more necessary. Actually since 2000, more than one department of justice have tried to applied this rule into the specific case. In recent years, circles of law theory has pay more attention on it , too. The article begins with establishment of reprieve prosecution in Germany and Japan, and discusses the conception, property, characteristic of reprieve prosecution and necessity and rationality of establishing reprieve prosecution system. At the same time, combined with characteristic of China criminal lawsuit and situation of justice, based on the scientific and rational element of legislation abroad, it will put forward the imagination of constructing reprieve prosecution system in China comprehensively.
|
PDF Full Text Request