On The Deferred Prosecution

In recent years, the deferred prosecution is puting into trial use successively in China. Through introducing the basic situation ofdeferred prosecution of Hunan province, the main advantages of the trial of deferred prosecution could be found. These advantages include the embodiment and implement of the social effects of the prosecution and law enforcement effectiveness and the implementation of the unified judicial policy of combining punishment with leniency. The problems and confusion exposed in trial will also be pointed out, such as the lack of legal basis, non-standard operation, imprecise operational processes and so on. Then, to explain the imperative of the establishment of deferred prosecution through disposal of criminal cases and education correction of the suspect and the reparation of the perspective of the prosecution system. The feasibility of establishing deferred prosecution will be discussed from the current legislation, criminal policies and practices in China. Finally, the ideas about the programs of the establishment of deferred prosecution. These ideas include defining the scope of suspension of prosecution, operation procedures, and constraints and relief program.