Study On The Initial Time For Prescription Of Prosecution System

The Prescription of prosecution System is an important element in criminal law system. But the fuzzy words of criminal legislation result in lots of conflicts and disputes in practices. The most important one is the dispute of the initial time for the prescription of prosecution system. However, there is none of specialized academic research on it yetOn the background of current theory, it will go to the result which deviate from fundamental values of criminal law,while resolving the initial time for the prescription of prosecution on negligent crime. So, it's necessary to break through the sole facts of criminal justice system, to establish the unified criterion between the fact and the value. In the criterion, the facts system is used as the benchmark standard and the value one is added. Finally, under the unified criterion, we can calculate that, Intentional crime must be prosecuted when the crime has been set up, the negligent crime should be prosecuted when the criminal acts has been ended.The article is divided into three parts.The first part of article mainly starting around the current situation of the initial time for the prescription of prosecution system. By introducing the conflicts of legislation and the theory, we can conclude that the root of the disadvantage in the system nowadays is the lack of criterion.The second part is the core content of this article, namely, the construction of the criterion on initial time for the prescription of prosecution system. As I mentioned in the text, the key reason of the chaotic of the system is that the criterion is vague. So establish a specific criterion is necessary.The two elements should be involved in, one is the facts system, the other one is value system. And the facts system should be the basic level, the value system is used as the subordinate level.The third part solves the new challenges and difficulties which happened under the new criterion. For example, the effects on retroactivity of criminal law; how to apply the system into the special intentional crime and so on. The resolution of the issues supply endorsement when the system is used in practice.In the end of article,the author provides an ideal model of the initial time for the prescription of prosecution system,by the criterion and the specific analysis on special models of crime.Finally, it come out an unique system which includes the fact criterion and the value one.