Research On Restorative Prosecution Delay

Prosecution delay system exists in the code of criminal procedure in western countries rather than in the code of criminal procedure in China, but the basic values also exists in our country. In recent years, At around the start of China's relevant to try to obtain certain results, of course it is applicable to minors and college students. Because there is no legal basis, and therefore narrow the scope of application of non-standard. This paper attempts to reserch from the point of restorative justice, re-examine the prosecution delay system. Focused on concern the interests of victims, we will set up a system of restorative prosecution delay, and put the restorative justice into the code of criminal procedure. Expansion of meaning and scope of application to find a "restorative" harmonious results, which is an effective remedy the harm suffered by crime victims, offenders return to the effective promotion of society and effective to restore the damaged environment of the community the results of the equilibrium state. This article is divided into four parts of the main.Part I , the concept of intrinsic of restorative prosecution delay. From crime victims for injuries suffered at the analysis on the existing system of justice for the neglect of the rights of the victims makes the victim's mental anguish, loss of materials difficult to obtain an effective remedy, based on this to explore people at crime investigation, prosecution, trial and other modern criminal proceedings should not communicate with the victims and their relatives, thereby adversely its repentance for the crime and the responsibility, at the same time specified by the communities damaged by crime need to be to restore balance.Part II, the feasibility of building the system of restorative prosecution delay. Suspension of prosecution and the restoration of China' s traditional "harmony,"no first instance of the "culture fit to resume suspension of prosecution in China have set up some historical foundation; to resume suspension of the prosecution of the criminal law with the mainstream idea of modern trends in transmission, from the retribution of the on the penalty for the purpose of the prevention doctrine to restore the suspension of the prosecution system provides nurture the soil, the prosecution is the cheapest source of its system, while the penalty into its practice of individual needs; to resume suspension of the prosecution system is the development of relations between state and society, mediation system depth the result of people's minds.Part III,the necessity of building the system of restorative prosecution delay. Modern retributive punishment difficult to curb the rising crime rate, but also difficult to coordinate the country caused by crime, victims, criminal relationship between the conflict between people, as a means of implementation are just challenges. Execution of the drawbacks of the prison has long been criticized by scholars the world, criminals cross-infection and difficult to re-integrate into society increasingly prominent problem. Therefore set up to resume suspension of the prosecution system is very necessary, it can really restore the victim, community and social public interests of trauma, and in line with the requirements of effective action and the function of the triage process.Part IV, The specific design of the system of restorative prosecution delay. This article from the prosecution to resume suspension of the scope of application of such a system, application procedures and restrictive mechanism of the three aspects of the theory to the system design, the intention is only outlined an institutional framework, more specific content has yet to be further in-depth.