Comment On The Internal Paradox Of The Void Of Prosecution According To The Actual Situation Of The Offendor

In the system of void of prosecution according to real situation of offend in China, there is a paradox in logic in the articles of law, out of the foresaid logic paradox and the uneconomic of implement and the in coordination of the legislature in implement, the procurator ate can not determine the criminal responsibility of the suspend directly over the conviction of the court. The procurator ate is unable to go against the uniformity of its ownrecognition to carry out a reverse conclusion of recognition and conviction.It is due to the above said under mature of the void of prosecution according to real situation of offend in China that causes the choosing of procurator ate for conviction manner which is in the interests of public.The promotion of notion of the measurement elements for crime and the crime and penalty are under the impact of law in criminal concept in our law has helped us solve the problem of how to apply the recognition of the obvious light of wrongdoing to determine a crime tangibly.The controversy over the problem of either have a complete law system or possess a group of fair judges between Plato and Aristotle will continue, it is due to both are not available that the general outline of crime and penalty are under the impact of law of the statute law and the application of the crime determination by the judge based on public interests are relied on, by which to achieve the goal of crackdown crime and protecting the human right.The above issue is put forward to expect a change in our system of void of prosecution according to real situation of offend in China.