Due Process Of Law And The Deferred Prosecution System Research

The deferred prosecution is a kind of litigation discretion in essence, whichin line with doctrine of prosecuting discretion and has special lawsuit value.The thesis starts from discussing the due process of law and concluding therelationship between due process of law and criminal procedure; moreover, italso indicates the concept that the system of deferred prosecution shall presentthe due process of law. Only the legislation, which the due process of law shallbe used for guiding the deferred prosecution, meanwhile, regulates the judicialpractice of deferred prosecution so that the justice of deferred prosecution canbe presented in visible form. The thesis also discusses the deferred prosecutionunder the due process of law to play an important role on providing a stablesocial background under the social order, which have been destroyed by crimes.By controlling the deferred prosecutions through due process of law, preventtingthe deferred prosecutions from normal justice “corrupting” into injustice, so thatthe judiciaries can pay attention to the individual justice. How to guarantee thefundamental procedural justice to some extent when granting procurator theprosecution discretion; the deferred prosecution indicates the conception oflitigation interest, which is contained due process of law.The author advises that we shall pay more attention to the value of dueprocess of law of deferred prosecution and emphasize on procedural justice ofdeferred prosecution; furthermore, absorbing in the essences and soul of dueprocess of law and applying the principles of due process of law to guide thelegislation of deferred prosecution; finally, regulating the judicial practice ofdeferred prosecution for the purpose of realizing the justice of deferredprosecution in a visible form.