The Deferred Prosecution System Research

The thesis expounds the theories, the system and actual judicatory of prosecution deferment after absorbing the existing academic achievements. Necessity and the feasibility of prosecution deferment has been analysed and proposition has been put forward in the thesis. And suggestions on how to build up a system of deferring prosecution have also been stated in the end of the thesis.There are four chapters in total. Chapter 1 The basic theories have been studied. They are the concept of deferring prosecution and the comparison between prosecution deferment and non prosecution and prosecution exempt.In chapter 1 The theories and implementation of deferring prosecution overseas have been discussed. Several typical countries such as Germany, Japan, America and Taiwan have been taken for examples, and the focuses are on the comparison between Germany and Japan.In chapter 2 Necessity of establishing prosecution deferment has been analysed. The trend of mitigating punishment, the significance of building up prosecution deferment has been studied from the angle of trend of mitigating punishment,specific punishment, and realization of prosecution goal.In chapter 3 Feasibility of establishing prosecution deferment has been studied from the following aspects, whether the prosecution deferment system violates the the principle of legality, prosecution and examination separation, principle of innocent presumption.In chapter 4 Propositions have been put forward on how to establish the system of prosecution deferment.