Problems On The Limitation Of Prosecution

Limitation of prosecution system is an important content of punishment annihilation system. Since its necessary, it started around the theoretical controversy which will never cease. The limitation of prosecution of starting the content is the beginning of the system. However, nowadays, the research on the limitation of prosecution starting system study little more in-depth discussion.How to judge the limitation of prosecution system is it reasonable?It is the key to see the actual crime may suffer public prosecution or individual with the right of private prosecution that prosecution potential time length is reasonable. The starting time of prescription of prosecution is not only the first step in the system, but also is an important factor to affect the actual length of the limitation period of prosecution. Therefore, in-depth study of the limitation period of prosecution starting system, it has an important significance for the correct understanding and application of limitation of prosecution system.This paper is divided into four parts:The first part is the initial prescription of prosecution standard problem. In this part, according to the different "date of crime" understanding of the theory,about the pros and cons of each theory, the writer analyzed one by one. And through comparative study abroad legislation,clarify the crime of the criminal law of our country in the law. It shall be the date of the establishment of the meaning of crime.The second part is the special limitation of prosecution crime form. This part selects a typical special crime, and studies deeply on the limitation of prosecution starting problem. The firstly,it is the comparative analysis of the initial controversy across the committed.It made sure the limitation of prosecution isolation starting time should be "eclecticism", and put forward the solution path of the appearance of the problems in the practice. Secondly, this paper analyzes the current academic circles of prosecution prescription starting state. It is controversy.It is necessary to he reasonably define of state crime prosecution limitation starting time.It should be calculate the date of the establishment of crime. Finally, through the comparative research method, drawing on relevant foreign legislation, it found out the last of the day of continue crime that make behavior calculation limitation.The third part is the limitation of prosecution to be special crime number forms. Focuses on the analysis of the limitation of prosecution to be implicated offense and continuous offense. Through the analysis and argumentation of relevant cases, that draws the implicated offender should be applied to respectively calculate doctrine,and applied to the interruption of the limitation of prosecution. Through analysis continuous crime prosecution limitation starting problem, it draws the conclusion which should last act began calculating the limitation of prosecution of crime.The fourth part is the prosecution of unit crime. In the aging proof prosecution system,it should be based on the same applies to the unit crime.According to different theories, the behavior should be the unit crime units which started to calculate the limitation of prosecution of crime.