Studies On The System Of Reprieve Prosecution

Since the late twentieth century, the modern rule of law reached a new turning point. Many countries in the world are carrying out judicial reform and forming a global trend. China has just begun the judicial reform seems to be absorbed. Therefore, in the course of reform, we should pay more attention to the reform trend of the world, not only allows us to pick up stones from other hills, broaden their horizons beyond the limitations, but also allows us to learn from the lessons of others, avoid blind and detours.According to Chinese traditional legal theory, crime is an offense the isolated individual violated the whole interests of society; the state punished the perpetrators on the offender's conviction and sentencing, to achieve the just punishment and crime prevention purposes. However, with the rising of reprieve prosecution in recent years in China, it began to challenge the traditional theory, more and more local prosecutors and the courts made decisions of reprieve prosecution, case withdrawing, revocation of a waiver of criminal case, removal of criminal or Mitigation Division penalties to more non-custodial sentence on minor criminal cases, these practices had caused lots of disputes on social strata, but its social effects received generally good, so many people have also tried this on a trial basis for criminal proceedings and the Construction of Society rule of law principle, associated with building a harmonious society, it also proves the self value of reprieve prosecution's meaning.From the status quo, improving judicial efficiency and easing pressure on China's judicial justice must be facing an important issue, also is a necessary condition on building a harmonious society. The benefit of the reprieve prosecution was diversion cases, based on the difficulty of the case, accelerating the efficient and reasonable allocation of resources, but also conductive to the rehabilitation of criminal suspects. It must be necessary condition that constructed with Chinese characteristics for reprieve prosecution.The author is on the basis of above views and understanding to finish writing this paper.This article is divided into three parts: introduction, main body and conclusion. In the main part of the content is divided into the following five chapters:Chapter I, an overview of reprieve prosecution. Described the basic problem on the reprieve prosecution is the concept and characteristics. Different scholars have cited our inductive definition of this concept, the author made the definition about the reprieve prosecution which compared among several definitions, the reprieve prosecution refers to the prosecution or investigation departments of the Prosecutor to prosecute cases transferred to the comprehensive review, for an offense of criminal suspects, according to the nature of their crime, age, position, criminal damage process on the summary of different concepts scholars made, and then the author obtained to the more acceptable concept; at the same time, the author told the differences among some related concepts such as reprieve prosecution and the prosecution, no-prosecution, suspended prosecution and the concept of plea negotiation, to further confirm the meaning and extension and reveal substantial differences.Chapter II, the basic theory of reprieve prosecution. Analysis the base of theory on reprieve prosecution, changed from the principle of legality prosecution to the principle of opportunity prosecution was the root cause of reprieve prosecution, illustrated the reprieve prosecution follow the international situation and development trend of litigation.Chapter III, the investigations of reprieve prosecution among countries. Prosecution of many countries in the world had been founded and had a more broad discretionary right, as a discretionary right to suspend prosecution of the special kind of state contains great value. Although the title of the reprieve prosecution may have different names, the essential important form of it was discretion that belongs to all organs of the specific exercise of the criminal prosecution. Discussed Germany, Japan, the United States, Britain and China's Taiwan region as study objects, described the background, the operating mechanism, operating results, comprehensive comparative analysis the differences and common trends for the system of reprieve prosecution on the civil law countries, regions and common law system, it will lead reprieve prosecution to our country outlined a broad framework.Chapter IV, analysis of our need feasibility on the establishment of reprieve prosecution. From defects in our current systems, the rational allocation of existing judicial resources and the perspective of judicial practice in China, elaborated the need to establish reprieve prosecution in China; and then from three aspects of policy basis, practical basis and theoretical basis discussed the establishment of feasibility on reprieve prosecution in China in detail, it showed that China had the conditions to implement reprieve prosecution, but must be carefully and specifically focus on the reality of our country, analyzed and considered the characteristics of local resources, making it the characteristics of a prosecution in line with our system, to make up for deficiencies in the current litigation system . In conclusion, explained our reprieve prosecution with conditions, so legitimized it.The author analyzed and summarized the main points of the first four chapters, suspend prosecution system as probation system an important complement, along with our society relatively sound legal system as both a adapt reform model must appear, although about reprieve prosecution system of constant controversy, in recent years, from the practice of prosecutors all over the country situation, the current Criminal Procedure Law of China on this system has no direct provision, other countries or in combination with the legislative and judicial district in practical situation. The author from the scope, application conditions, application of principles, operational procedures and control mechanism of reprieve prosecution and other aspects proposed a plan to construct the reprieve prosecution system in our country to provide some references. In addition, institutional arrangements and evolution of correctly predicted also need more knowledge accumulation and practice investigation. Improving the reprieve prosecution, make it more conductive to China's judicial reform finally realized.