Study On The Criminal Prescription System

The establishment of the criminal prescription system manifests human progresses of law civilization. It is the inevitable choice of the history development. Through combing the theoretical research and legislative system of criminal prescription system in this paper, the author gave a brief introduction to the historical evolution of the criminal prescription system, discussed the theoretical foundation and the value of the criminal prescription system, proved the legislative norms of the limitation of prosecution system and the limitation of acting penalty system, put forward a reconsideration for our country's legislation of the criminal prescription system and gave suggestions to legislative perfection of the criminal prescription system. Besides the introduction and the conclusion, the dissertation consisted of four parts as the following:The introduction summarized the intentions, the present theory and the research method of the criminal prescription system.Partâ… , An outline of the criminal prescription system. This part summarized the historical evolution of the criminal prescription system both at home and abroad, stated the various kinds and the concepts of the criminal prescription system and analyzed the theoretical foundation and the value of the criminal prescription system.Partâ…¡, The limitation of prosecution system. This part discussed the applicable scope, the reckoning, the deadline and the stop system of the limitation of prosecution system separately by comparative study.Partâ…¢, The limitation of acting penalty system. This part analyzed the applicable scope, the reckoning, the deadline standard and the stop system of the limitation of acting penalty based on the overseas legislation of the limitation of acting penalty, and demonstrated that it is necessary for our country to build the limitation of acting penalty system.Partâ…£, The legislative perfection of the criminal prescription system. Based on the analysis, this part proposed our country to revise the limitation of prosecution system and gave legislative suggestions of the limitation of acting penalty systemThe conclusion emphasized the importance of the criminal prescription system, the author thought our country criminal law not only established the limitation of prosecution system but also established the limitation of acting penalty system , both the two systems could enable the criminal prescription system to have scientific nature, could satisfy the needs of judicial practice.