On Deferred Prosecution System

A few our country grass-roots unit procuratorial organs begin to try out in recent years deferring charging system. Especially Nan Jing City Pu Kou District procuratorate one is suspected of being involved in the crime of burglary college student to Nanjing soil job university adopting a decision of putting off nonprosecution , a tossed stone raises a thousand ripples, this act arouses the general public intensity of the science of law community is resounding especially , some handclaps applaud , some fierce oppose.As an indispensable part of modern institution of public prosecution, the right to suspend to prosecute satisfies both the need of prosecutor's to use his/her discretion and that of the development of modern criminal policy. By comparative analysis of the other country's and region's practices of suspension of prosecution and the exploration of Chinese prosecutors, we come to a conclusion that to establish the right to suspend to prosecute is our choice. In this context, this article will discuss this issue from three aspects, expecting to help to establish and enforce the system of suspension of prosecution.Part I defer charging system introduction mark seven aspect content secondary defer charging system concept, origin, character, and relevance concept difference, characteristic, embodied value and rationale and so on almost aspect, face to face defer charging system cause and effect be in progress all-round carding expect that face to face that system have one accurate assurance.Part II defers charging the system examination to put off the area charging system with comparatively representative Germany , Japan , USA , our country Taiwan to main the country and area as inspecting a marriage partner , carrying out assurance on to deferring charging with system from transverse direction.Part III tries the obstacle deferring charging the system practice with an exploration and there existing in the system stipulating , analysing an effectuation concretely to defer charging out about that our country defers charging the system practice investigation and discussion for discussing our country mainly.Part IV our country defers charging that the analysis that the system structure builds by all above tripartite defers charging system has carried out concrete tentative plan to putting into effect in our country.