The Temporary Delayed Prosecution

The question of the temporary delayed prosecution which has been tried and has caused extensive dispute in our country in recent years is discussed in this paper. The discussing is aimed at analyzing legitimate basis that on which various country established the system of the temporary delayed prosecution, probing the necessity and feasibility of adopting this system in china, and putting forward concrete thoughts on constructing the system.This paper divides into five parts to unfold. In the first part, the author poses theoretical definition of temporary delayed prosecution. First the author analyzes fundamental connotations from the angles of the right of prosecution and the indicting discretion, then introduces the background such as the reform of the ideas in penalty power, the shifting from the statutory prosecution to the convenient prosecution, the rising of positivistic criminology, and the practical demands of economy notion, to show the root cause of the temporary delayed prosecution. The theoretical principle contained in the background provides legitimate foundation for the sprouting of the temporary delayed prosecution. And finally the author makes clear the value of the temporary delayed prosecution by means of analyzing humanism, criminal restricting and the concept of restorative justice that contained in the temporary delayed prosecution. In the second part, the author analyses the discrepancy between the continental law and common law countries, then looks forwards to their mutual development trend by inspecting the development and the legislation actuality of the contemporary delayed prosecution in Germany, Japan, America and Taiwan in order to provide our country with certain reference value for the construction of the temporary delayed prosecution in our country.Visual angle for probing starts getting down to our country from the third part. In the third part, first the author interpret the necessity of the temporary delayed prosecution in China considering the shortcomings of our public prosecution and the want of actual judicial resources, then discourses the feasibility of the temporary delayed prosecution in detail in China in some aspects such as traditional culture, regulations in existing penal legislation, introduction of the criminal policy and practical experience at home and abroad. The fourth part is one of the focal point in the paper. The author presents the trying conditions of the temporary delayed prosecution in China, then indicates the contradiction in the system and the principles such as legal suing and due process, after that raises problems of disunity in the practice, analyzes the cause of the problem and the resolution finally. The fifth part is the stance in the paper. The author puts forward some ideas about the construction of the temporary delayed prosecution in China from several aspects such as sphere of application, idiographic procedure, check and remedial mechanism, and mating procedures.