Study On Suspended Prosecution System

Suspended prosecution system essentially is a kind of non-prosecution system, and it is also one important form of the principle of opportunity. When the procuratorial organ is reviewing and prosecuting a case, they will analyse advantages and disadvantages of prosecution and non-prosecution according to the specific situation, and then some cases which constitute crimes but don't have the value to be prosecuted will be ended in the prosecution stage and don't need be sent to the sentencing stage. At the same time, suspects should take their responsibility for their wrongdoings. This system can not only satisfy the economic prosecution idea of modern judicature and special prevention of criminal policy but also avoid the negative effect of short-term freedom penalty, accordingly criminals can return to society smoothly. And in Suspended prosecution system the suspect is asked to apologize to the victim and to pay the losses that the victim suffers, which will be more beneficial to solve contradictions and promote the harmonious stability of the society. In this paper, the concept and the practical situation of this system in other countries and areas will be introduced, and after getting the conclusion of this system' values, and analyzing the necessity and feasibility of this system in China, a suggestion that China should set up Suspended prosecution system is given, and legislation design is also been given.This paper is divided into six parts. In Part I The concept and features of suspended prosecution system and comparations with concerned concepts are given. In Part II, the theory of suspended prosecution system's constitution and development is introduced. In Part III, concerned systems in foreign countries and in Taiwan are introduced to use for reference. In part IV, the legislative and social value of suspended prosecution system is concluded. In Part V, The necessity and feasibility of constituting suspended prosecution system in China is introduced. In part VI, the legislation design of suspended prosecution system in China...