Perspective Of Human Rights Of The Deferred Prosecution System

Rise of reprieving prosecution system is like a mirror, which projects thedevelopment and change of the criminal law and also reflects people’s recognitiondegree about human rights protection. The formation, functioning and development ofthe legal system are the social products of human history. A legal system in this tide ofhistory can always maintain its strong vitality and conformation to the trend ofdevelopment will depend on whether it is from the interest of all mankind andproceeding from civilization development. Deferred prosecution system growsgradually in the human rights thought and plays an active role in the course of criminalproceedings with its unique strengths. Especially the revision of the new criminalprocedure law will pay more attention to human rights protection, which promotes thedevelopment of reprieving prosecution system in the future.The main contents of this article is divided into seven parts. The first part isintroduction which introduces the development of human rights and the weakness ofcurrent criminal system in the protection of human rights in China. So how to analysisthe establishment of the deferred prosecution system in our country from theperspective of protecting human rights is the starting point of this article; The secondpart of the article is about the concept of deferred prosecution and discrimination ofrelevant concepts; The third part will focus on the deferred prosecution in theperspective of human rights on a broader investigation, seeing the history soil ofhumanitarian punishment from the evolution of retribution punishment to educationpunishment; Seeing the source of humanistic thought from the transition of punishingcrimes to protecting human rights; Seeing the practical need of the development ofdeferred prosecution from urgent promotion of litigation efficiency in the entire criminalproceedings; Seeing the arising of deferred prosecution at the historic moment from thetransition of strict criminal policy to punishment combining with leniency situation.Through these aspects, we can make a clear process of the development about deferredprosecution, particularly taking special era environment of the contemporary china’sjudicial reform into account with multiple perspective and comprehensive study, whichprovides innovative proposals for the development direction of reprieving prosecutionsystem in the future; The fourth part is about the analysis on the value of deferredprosecution proceedings in the judicial practice; The fifth part gives a brief introduction on deferred prosecution system of Germany, Japan and the United States which helps ushave a better understanding about deferred prosecution system and an experience inconstruction of reprieving prosecution system in China; The sixth part puts forwardspecific ideas of construction of reprieving prosecution system in China through theabove analysis. The last part is the summary of the full text.