Postponed Prosecution Syetem

Nowadays some People's Procuratorates in our country are trying out the postponed prosecution system during the justice innovation, which incurs wide criticism. How we should consider postponed prosecution and whether the system should be established in China are of great significance not only to the law theory but also to the judicial practice.postponed prosecution refers to a kind of system that the prosecutorial organization considers the public interest as well as the principle of safeguarding,educating,feeling and punishing, conditionally do not prosecute the cases which should be prosecuted.The shortcomings of recent lawsuit system, the deficiency of judicial resources,the trend of international criminal policies and the value tropism of criminal lawsuit decide the necessity to construct the system of postponed prosecution in our country. The system of postponed prosecution conforms to the value tropism of criminal lawsuit which embodying the criminal law modest and restrained,the value in efficiency of criminal lawsuit, prevention crime and constructing the harmonious society. What's more, there is the feasibility to construct the system of postponed prosecution in our country. The author thinks that the transformation of penalty ideas, the theory of penalty individualizing, the starting of economic analysis legal science,the doctrine of free evaluation prosecution and the need of safeguards of human rights theory foundation.Legislation and present judicial situation in foreign countries has important model significances for constructing the system of postponed prosecution in our country. In the same time, the implementation situation of postponed prosecution in our country has obtained remarkable results. So , there is the necessity and the feasibility to construct the system of postponed prosecution in our country.This paper thinks that the rule of postponed prosecution should be stipulated explicitly in criminal procedure laws of our country which will be revised soon. This can resolve the legal basis of postponed prosecution. Furthermore, there is necessary to unite and complete the than rule of postponed prosecution which has been implemented in more one department of justice in our country now.