Font Size: a A A

Legislative Construction Of The Deferred Prosecution System

Posted on:2008-10-01Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2166360242457197Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Recently, some grass-root prosecuratorates in China have started to postpone suing some special criminal suspects. Arguments about deferred prosecution become more and more hot. People who support deferred prosecution think that such postponement is in accord with laws and regulations and saves costs of suing,reflects mission of the Criminal Law and helps criminal suspects back to normal live as soon as possible. However, persons with opposite opinion argue that such postponement break rules of the Criminal Procedural Law,betray the equity principles of the Constitution stipulated by the Criminal Law. At the same time, deferred prosecution is hard to meet procedural benefits, so it should be ambled.Based on some research, author thinks that although deferred prosecution may betray current rules of the Criminal Law and the Criminal Procedural Law, deferred prosecution could save judicial resources and help criminal suspects to turn over a new leaf with performing deferred prosecution in a standard way. In addition, amending current Criminal Procedural Law has been considered by legislation agenda, so deferred prosecution has high possibility to be stipulated in the new criminal procedural law. So this article will sate deferred prosecution 's possibility and practicability based on the Criminal Law,the Criminal Procedural Law and basic rules of procedural process. The author also will give a blue-print of how to make Chinese deferred prosecution more regularly , according to introduce the deferred prosecution in Japan,German and U.S.There are five chapters in this research, the first chapter is the introduction of this research, this part will describe author's purpose,study of current situation and developmnet trends in China, especially fouces on analyzing theoricial definition of deferred prosecution .the author of this research indentifies the meaning of deferred prosecution based on other researchers' defintions. After that, deferred prosecution's characters and features,differences and relationships between deferred prosecution and non-prosecution have been studied.The second part introudces the abroad origins of deferred prosecution, analyzes each aspect of deferred prosecutions in Japan,Germany and U.S.A ,with the purpose of learning some experiences of designing reasonable regulations.The third chapter dicusses validity of deferred prosecution and its legal base. Deferred prosecution has functions to improve procedural benefits,save judicial resource and to distribute process; particularly, deferred prosecution is the needs of completing procedural process,uniting laws and orders,meeting world's trend of extending prosecutors' rights to un-suing appreciation. So it is very useful to build deferred prosecution in China.In the fourth chapter,the researcher will discuss experiences and disadvantages of experiment deffered prosecution in China . Without legal regulations of deffered prosecution, there are hot arguments about deffered prosecution in China, so some classic regulations and experience of junior prosecution institutions will be summrized in this part. In addition,problmes about how to solve difficultes of practicing deffered prosecution in the process of establishing such regulations on the base of analyzing disadvantages of current deffered prosecution.In the final section, the author advices that problems of deffered prosecution could be solved through regulation design, based on Chinese researchers'study of deffered prosecution. Moreover, the author suggests to build deferred prosecution from aspects such as: target objects,proper procedure,mating measure, monitoring mechanism and effects ,in our country. Finally, author's own opinions about legal regulations of deffered prosecution have been mentioned according to work of other researchers.
Keywords/Search Tags:deferred prosecution, convenience of prosecution, economy of punishment, theoretical basis, system construction
PDF Full Text Request
Related items