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Study On The Perfection Of The Chinese Stopping System Of Time Limitations Of Prosecution

Posted on:2008-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:W S LiuFull Text:PDF
GTID:2166360242479211Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The article is about how to perfect Chinese stopping system of time limitations of prosecution. There has been a lot of discussions about irrationality of the relative rules of Chinese Criminal Law. However, few of them mention how to perfect it. Based on the analysis of the relative statutes in other countries and areas, the author proposes some ideas, expecting they would be helpful to make it perfect.The article is divided into four chapters.In the first chapter, the author introduces the definition, classification and setting basis of the stopping system, and also analyzes its essentiality and function.The majority of the second chapter is on the analysis of the relative rules of Chinese Criminal Law and the way of perfection. The author analyses the rationalities of the relative rules, sums up their shortage and irrationality, and then proposes some ways to perfect it. Furthermore, considering the configuration of the article,"the termination of time limitations based on the exertion of right"is dissertated in this chapter too, proposing that the time of termination should be after the adjudgement becomes effective.The majority of the third chapter is about how to add the suspension system into Chinese limitations of prosecution. Based on the analysis of the relative statutes in other countries and areas, considering over the law system of China, the author proposes some advice of perfection.In the fourth chapter, the author takes some discourses on how to reform the interruption of limitations. Based on the comparison of the interruption systems in China and other countries and areas, the author proposes that they are two different interruption systems. Based on the analysis of them, the author suggests that, more than the actual interruption system should be kept down, the interruption system based on prosecution should be added, too. Furthermore, the author proposes that it is necessary to limit the extend time because of interruption.
Keywords/Search Tags:The time limitations of prosecution, The stopping system, Perfection
PDF Full Text Request
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