Study On Some Problems Of Deferred Of Prosecution

Along with China’s economic development, various types of criminal cases continue to increase in China, which makes the lack of judicial resources become more apparent, and the drawbacks of Short-term Imprisonment Penalty has aroused concern. In addition, there are also some drawbacks in the Criminal Law in China for the relevant provisions on not to prosecute. In order to solve these problems in practice, Germany, Japan and other countries have formed a relatively complete system of litigation, and also have relatively detailed example for us to learn from the legislative to the judicial practice. This article discusses the theoretical basis of the deferred prosecution system as well as the practical research on deferred prosecution system. The article will also analyze the current status of the deferred prosecution in foreign countries as to alleviate the lack of judicial resources and how it compliance with the Litigation Economy Principles. Then through the method of comparison and case study, then the author explain its relationship with the existing legal system in our country and the necessity and feasibility in our country. Through the analysis and presentation of relevant theory and practice, the author leads to the idea that the deferred prosecution system is applicable in our country, this part is the author’s focus discuss. Through the elaborate on the objects, conditions, investigate manner and duration of the deferred as well as supervision of implement of deferred prosecution, the author shows the personal innovative insights on this system.For research methods, the author firstly uses literature analysis, summarizes the provisions of this system in different countries, as well as experts and scholars’theoretical debate on this the system, so as to find a new breakthrough in the debate. Secondly, the author through a comparative study of the deferred prosecution with similar legal systems, as well as the provisions of deferred prosecution in different countries, to show the necessity of the deferred prosecution to establish in China. Thirdly, the author also analyzes and compares relevant data in order to accurately grasp the legal effect of the deferred prosecution system in a foreign country. Finally, the author will use the method of empirical research to analyze the actual case encountered in the work and collection of some first-hand information, to fully argue the practical idea on the implement of deferred prosecution in China.