On The Suspension Of The Prosecution System And Its Application In Our Criminal Procedure

System of deferred prosecution which is fit for the condition that criminal cases have being increased sharply and the justice departments bear heavry burden,a type of criminal non-prosecution system,can change the situation that non-prosecution rate is too low.Therefore,in the discuss of amendment to criminal procedural law many domestic scholars propose establishing system of deferred prosecution in China.The paper is trying to express a clear and complete image of system of deferred prosecution by introducing its concept,traits,theoretical foundation ,practical basis,and its difference from the other confusable systems.Then the paper explains how to establish system of deferred prosecution which matches the judicial situation in China referring to provisions of law about system of deferred prosecution in America,Germany,the Taiwan province,the Aomen province and lawmaking advice from domestic scholars.There are four parts in this paper.The first part is the foreword which intruduces the background and significance of establishing system of deferred prosecution in China.The second part is about analysing system of deferred prosecution by its concept,traits,comparing system of deferred prosecution with probation,non-prosecution and suspend judgment, explain,its theoretical foundation and practical basis.The third part introduces system of deferred prosecution in Germany,America,the Taiwan province and the Aomen province,suspension of prosecution in Japan and emphasizes their distinctions.The fourth part covers three areas,the first one is the relevant legislative provisions and the practice of system of deferred prosecution at present in China.The second one is about the necessity and feasibility of establishing system of deferred prosecution.The third one explains how to establish system of deferred prosecution that matches the present judicial situation in China referring to lawmaking advice from domestic scholars.