Research On The Construction Of Deferred Prosecution In Our Country

Deferred Prosecution System is an important system. it involves a kind of discretion of prosecution by which the prosecutors have right to delay prosecution against someone under Some conditions. It is a kind of non-conclusive settlement by the procuratorial organ after the inspection of a case, which embodies the organ’s right of discretion and falls into the category of Public Prosecution System.It is a reserved power to prosecute.In China the Criminal Procedure law revised in1996only stipulated prosecution and non-prosecution without involving deferred prosecution. So far there is stillno explicit regulation of the Deferred Prosecution System in China’s legislation.However,in judicialpractice, the fact that differedprosecution is applicable to some particular group calls for the improvement of legislation.In the meantime,withthe development of the judicial pmetice and the deepening reform of public prosecution system, as well as the development of the notion of harmonious society,differed prosecution has attracted a lot of attention both from the theoreticalcircles and practical circles, and thus comes to be a hot issue in the field of criminal procedure law study.Because the construction of the deferred prosecution system has the objective reality of demands, the theoretical basis of the bedding and the extra-territorial legislative experience to refer.So it is very urgent to establish uniform legislation to suspend the prosecution of the system. Establish the basic content is very necessary to build the deferred prosecution system.And also it is necessary to establish a systematic mechanism of checks and relief and a good package of measures taken. Only in this way, deferred prosecution system can be run effectively, can play a better role.