The Extension Of The Statute Of Limitation In Chinese Criminal Law

As the limitation of the statute of limitations,the extension of the statute of limitations system, to some extent, prevents the negative effects of the statute of limitations.The legislation of the statute of limitations in China’s Crinimal Law mainly reflected in Article 88,however,this Article is so uncertain and unreasonable that there exists a lot of ambiguities and deviations during the process of understanding and practice,such as the range of investigation department,whether register to person or register to case may cause the extension of the statute of limitations,the meaning and structure of evading investigation and trial,whether the unlimited prosecution is reasonable,the nature of the victims’ right of seeking punishment,and so on.To solve the problems above,we need to analyse the theoretical basis and value target of the statute of limitantions and its extension system.The statute of limitantions is not only reflecting the humane of criminal law,but also reflect the compromise of criminal law to reality.It is not only positive and reasonable,but also has effects that cannot be ignored.The value target of the statute of limitantions is to prevent loopholes,to prevent the criminals evading responsibilities using the statute of limitantions,and to maintain the deterrence of penalty.At the same time,the statute of limitantions deviate the theoretical basis and do not adapt to the trend of light penalty, gentle and modesty of criminal law.So the deviation should be limited in a smaller scale to find balance between combating crime and protecting human rights.This article divides the extensions of the statute of limitations into two types based on Article 88.One type is caused by the confrontation of offenders against jurisdiction,the other type is caused by the excercise of the victims’ right of seeking punishment.This article analyses the problems of the two type using the method of restricting explanations,such as take register as register to person,use subjective theory and narrow theory to analyse the meaning and structure of evading investigation and trial,and point out that the victims’ right of seeking punishment should not be a the legal situation of the statute of limitations,but a situation of breaking off the limitations.At last,this article raises a revise of Article 88:in the first type of the statute of limitations,the limitation should be extend to 1.5 times of the former limitation;in the second type of the statute of limitations,the limitation should be break off until the accuse of victims vanish,and the period passed is still valid.