Deferred Prosecution System

In this paper, the author analyses the reprieve of prosecution which is hotly discussed in China.In the first part, after analyzing the concept of reprieve of prosecution, the author points out that it involves a kind of discretion of prosecution by which the prosecutors have right to delay prosecution against someone under some conditions. Then, its characteristics, its difference with non-prosecution and probation are also talked about.In the second part, the author expounds the reason and thesis of reprieve of prosecution. With the arising of the movement of non-crimination and non-penal punishment, the discretion of prosecutors has enlarged. Since the statutory prosecution shifts slowly to the convenient prosecution, the reprieve of prosecution comes into being. Procedural efficiency is one of elements which are fully considered. There are three thesis involving this system: the one to regard penal punishment as a purpose, the theory of individualism and the theory of self-restraint in penal law.In the third part, some legislative and legal experience involving the reprieve of prosecution in other states is induced, which is the key part in the paper. Probing into the system and its problems, the author analyses the necessity and possibility of the reprieve of prosecution in China. The shortcomings of our public prosecution and the legal status in China necessitate the system. After that, the author, from the subject, conditions, procedure, effect, legal result, check and remedial mechanism provides some ideas about the reprieve of prosecution in ChinaIn the final part, the author sums up the paper, and points out some questions which need to be argued further.