Construction Of China's Conditional Non-prosecution System

With the development of social economy, crime occurrence rate has unceasing rised, crime types have unceasing increased ,the conflict of austere crime condition and crime resources deficiency stands out day by day. Similar social actuality has appeared in German,Japan,America and other countries ,in which the temporary delayed prosecution has been adopted with upstanding effect. In recent years, some procuratiorial organizations in our country have tried the system of postponement of prosecution one after the other, similar with the temporary delayed prosecution in foreign countries. The basic meaning of postponement of prosecution is that public prosecutor does not sue temporarily when executing prosecution, for the crime suspect conforming to the legal prosecuted conditions, which attached some conditions, in the stipulation retention prosecution deadline. It's nature is discretion owned by the prosecutor when reviewing the prosecution.There is no related regulation of postponement of prosecution in china criminal lawsuit, but the author thinks that it's necessary to construct the system of postponement of prosecution in china. The shortcomings of recent lawsuit system, the deficiency of judicial resources, the value tropism of criminal lawsuit and the trend of international criminal policies decide that the system of postponement of prosecution should be construct, it's conforms to the value of criminal lawsuit which embodying the criminal law modest and restrained, prevention crime , the value in efficiency of criminal lawsuit and constructing the harmonious society. And, there is the feasibility to construct the system of postponement of prosecution in china. What I think is that the transformation of penalty ideas, the starting of economic analysis legal science, the theory of penalty individualizing and the doctrine of free evaluation prosecution. That the Legislation and present judicial situation in foreign countries has very important model significances for constructing the system of postponement of prosecution in china. While, the implementation situation of postponement of prosecution in china has obtained remarkable results.The author thinks that the rule of postponement of prosecution should be stipulated explicitly in our criminal procedure laws which will be revised soon. There is necessary to unite and complete the rule of postponement of prosecution which has been implemented in more than one department of justice in our country now. It can also resolve the legal basis of postponement of prosecution.