Research On Suspended Prosecution System

The temporary delayed prosecution system is an important part of the criminal procedure law of our country, and there has been a conditional non-prosecution system for juveniles added into it since 2012, which makes it more completed. However, there are also some shortcomings in this modification, for example, the applicable targets and conditions of the conditional non-prosecution system for juveniles are too narrow, the stipulations are also not clear and the relative remedy procedure and supervisory mechanism are lacking. In order to not only adapt the new changes of crime conditions in home and abroad and the trend of slight crime dealing all over the world which tends to be decriminalized and incarcerated, but also realize the justice in concrete cases, China should set up a temporary delayed prosecution system which conforms to its own national conditions. The temporary delayed prosecution system is the result of deliberative justice and the doctrine of free evaluation prosecution. The establishment of this system should follow the following principle, which are principle of public interests, legal and rational principle, justice efficiency principle of and procedural participation principle.Meanwhile, the range of application of this system should be clarified and specified. As for the applicable targets of this system, we may use the standards of regulation, probation and temporary execution outside prison for reference, widening the range of deferred prosecution targets. While procuratorate’s discretion right is widened, the supervision of its power should also be strengthened and any illegal act must be punished. Besides, when designing the temporary delayed prosecution system, the relative department should guarantee the rights of victims and defendants, making this system achieve the function of diffusing litigations and remitting judicial pressure.