Discuss The Construction Of Reprieve Prosecution System In China

In the criminal lawsuit, reprieve prosecution is a action taken by procurators after they inspect the case. Regarding of situation of the case, procurator can take it or not, which is of the public prosecution. The basic meaning of reprieve prosecution is that public prosecutor does not sue temporarily when executing prosecution , for the crime suspect conforming to the legal prosecuted conditions, which attached some conditions ,in the stipulation retention prosecution deadline. It' s nature is discretion owned by the prosecutor when reviewing the prosecution. There are essence distinguishes among this system, the system of free evaluation non-prosecution, free-prosecutionand probation.There is no related regulation of reprieve prosecution in China criminal lawsuit, but the author thinks that there is the necessity and the feasibility to construct the system of reprieve prosecution in our country. The shortcomings of recent lawsuit system, the deficiency of judicial resources , the trend of international criminal policies and the value tropism of criminal lawsuit decide the necessity to construct the system of reprieve prosecution in our country. The system of reprieve prosecution conforms to the value tropism of criminal lawsuit which embodying the criminal law modest and restrained , the value in efficiency of criminal lawsuit, prevention crime and constructing the harmonious society. What' s more, there is the feasibility to construct the system of reprieve prosecution in our country. The author thinks that the transformation of penalty ideas, the theory of penalty individualizing, the starting of economic analysis legal science , the doctrine of free evaluation prosecution and the need of safeguards of human rights theory foundation. Legislation and present judicial situation in foreign countries has important model significances for constructing the system of reprieve prosecution in our country. In the same time, the implementation situation of reprieve prosecution in our country has obtained remarkable results.The author thinks that the rule of reprieve prosecution should be stipulated explicitly in criminal procedure laws of our country which will be revised soon. This can resolve the legal basis of reprieve prosecution. Furthermore, there is necessary to unite and complete the rule of reprieve prosecution which has been implemented in more than one department of justice in our country now.