Study On The Chinese Stopping System Of Time Limitations Of Prosecution

Statute of limitations on the system's core problem is that statute of limitations on the calculation of the period, while the statute of limitations to stop the system lies in the calculation of the statute of limitations period of adjustment. A reasonable statute of limitations statute of limitations to stop system is a realization of the value of an important condition for the system, while the statute of limitations to stop the system in our country, there are many unreasonable, for example, certain specific provisions to some extent negate the statute of limitations on the system as a whole, while not attach importance to a certain These need to make the statute of limitations attributable to cessation of the situation. Perfecting the statute of limitations to stop system is a system for effective implementation of statute of limitations on the value of the premise, which has been a lot of academic discussion, but for how it would be perfect, then the commentators seldom. The author on China's current system of legislation to stop the statute of limitations on assessment of the current situation, based on the statute of limitations on how to improve our system to stop the study and discussion, and drawing on cases of extraterritorial legislation and put forward some specific comprehensive proposal, hoping that solution to the problem provide some useful thinking.This article includes four parts.The first part of the main contents of the statute of limitations on legislation to stop the system and reasonable assessment of the status quo. After briefly introducing the concept of statute of limitations to stop the system and status, the author of the statute of limitations on the enactment of legislation to stop the system at home and abroad are set forth, and the cases of China's current legislation to conduct a rational analysis, summarized the provisions that existing deficiencies and gaps in proposed should be fully equipped in the Penal Code statute of limitations on claims to stop the system and to set the statute of limitations on a comprehensive system of the necessity to stop the system, in-depth discussion. Fully equipped statute of limitations on the necessity to stop the system is mainly reflected in three aspects: first, a comprehensive statute of limitations is set to stop system is perfect and integrity of the statute of limitations on the system the inevitable choice. Were set for different situations of different types of statute of limitations to stop system to avoid violation of statute of limitations on the system of mind caused by unexpected judicial confusion, which will help the judicial practice in the concrete operation, which will help the realization of the principle of legality and the statute of limitations on the legislative intent of the system implementation. Second, we should set the statute of limitations to stop system is a balance between the legitimate rights and interests related to the Quartet's an effective way, that is, a comprehensive set the statute of limitations to stop system is a balance of offenders, victims, prosecution of the right as well as other social rights and interests of people in effective ways such as the Quartet. Third, a comprehensive set the statute of limitations to stop regime is the inevitable requirement of legal coordination. Internally, the criminal law, statute of limitations on the system specific settings include the statute of limitations is set to stop the system should be the criminal law to maintain coordination with other systems, or will inevitably lead to the logic of the conflict between the criminal justice system; with other legal relationship between the words, the specific statute of limitations on the system settings including the statute of limitations is set to stop the system should be maintained with other relevant legal provisions of the coordination, otherwise easily lead to conflicts between different laws.The second part of the statute of limitations on the author mainly on the interruption of our system are discussed in detail. Statute of limitations in our study this part of the interrupt system, first of all, the author of the statute of limitations on the reasons for interruption of the conditions studied, offered to commit new crimes, as the statute of limitations on the reasons for interruption of the conditions are reasonable, the system did not violate the statute of limitations on the sentence suspended timeliness and effectiveness of nature, but also evaluation of non-repetition. Second, the statute of limitations to explore difficult issues related to disruption, including whether criminal negligence leading to disruption as well as the statute of limitations statute of limitations on the possibility of a continuous interruption of two aspects. Finally, the author interrupts the system of our statute of limitations made comprehensive proposal advocated China's Criminal Law Article 89, paragraph 2, amended to read: In the statute of limitations period has not expired, the perpetrators also commit a criminal act, which committed the crime before the prosecution After the limitation period from the date of the establishment of the crime, but criminal negligence after the sin is the exception. Of crime in a number of offenses within the statute of limitations period, and the statute of limitations period of their guilt from the last date of establishment of a crime of calculation. "The third part of the author mainly on China's statute of limitations on the suspension system are discussed in detail. Statute of limitations in our study this part of the suspension system, the author will be about the nature of the Penal Code Section 88 of the contention as an entry point should be made of China's Criminal Law Article 88 of the cases into the statute of limitations on the scope of the suspension. Next, the author in the Penal Code article 88, paragraph 1, the analysis based on the proposed legislation can be amended to read: "In the People's Procuratorate, the public security organs, state security agencies for investigation or in the courts if the case later, if the crime person who willfully obstructs prosecution, then the statute of limitations on the suspension. statute of limitations period from the perpetrators to justice after the resumption of re-calculated with the period before the suspension had already been calculated together. "Finally the author of the Penal Code Article 88, paragraph 2, were analyzed and pointed out that Article 88, paragraph 2, should be amended to read: "the victim in the prosecution filed a complaint within the limitation period, people's courts, the People's Procuratorate, the public security organs should not be placed on file to register it, the statute of limitations on the suspension. statute of limitations period from the date of lifting of suspension of the subject continues to calculate, the period before the suspension had already been valid. "The fourth part of the writer's statute of limitations on the termination of the system conducted in-depth discussion. Statute of limitations in our study this part of the termination of the system, the author pointed out that only in a court ruling took effect, after the making of first-instance ruling that the statutory period did not appeal or protest, or make a final decision on appeal, the statute of limitations can be attributed to the termination. At the same time, I believe that the Penal Code Article 89, paragraph 1, should be amended to read: "statute of limitations for the period from the date of the offense was committed; criminal act or to continue the state of a continuous period from the date of the end of criminal acts calculated to terminate on the entry into force of a court decision days. "...