Limitation Of Prosecutions In The Crime Of Dangerous Driving Problem Research

Limitation of prosecutions system is a basic criminal law in China.lt has positive irreplaceable significance for criminal legisation,crimil theoretical research and criminal justice.After The Criminal Law Amendment(Eight),criminal detention is added as aprincipal penalty in the crime of dangerous driving,which leads to the application of the limitation system appears predicaments in diferent reality.Basd on the questions above,I make a study topic "Limitation of prosecutions in the crime of dangerous driving".Try to analyse and summaize if the crime of dangerous drivingapplies to the theories and existent problems in Limitation of prosecutions system through the research on the Limitation of prosecutions system in our country.offer specific suggestions to make up for the deficiencies and consummate the crime of dangerous.Hope to provide reference our Limitation of prosecutions system.This paper is divided into the following four parts,First,the summary of Limitation of prosecutions system in China.This part mainly analyzes the energence and development of the Limitation of prosecutions system in China by briefly describing the history and conveptions of the Limitation of prosecutions system, the theoretical foundation and basis, demonstration research for dangerous driving sin the existence of the limitation of theoretical and practical value.Second,the disputed problems of the crime of dangerous driving in the judicial practice.The second part concentrates on if in the crime of dangerous driving applies to the current plaint in combination,Is not our current limitation system to the maximum punishment for the crime of criminal detention set a deadline for specific limitation, lead to controversial problem in the judicial practice. By dangerous driving sin "can" or "not" limitation in the current criminal law provisions shall be applicable to the two aspects.Put forward before the current limitation system in our country has not been modified, shall apply the provisions of the current minimum limitation period of five years, also recommended to separate criminal detention set relative to the prison shorter limitation period.Third, Dangerous driving crime legislation applicable limitation of the current conflic. This part from the crime of dangerous driving current limitation caused conflicts with applicable principle for a phase, and the modesy in the criminal law, conflicts with limitation system to reflect the value of three aspects to carry on the analysis, argument for dangerous driving sin applicable legislation conflicts existing in the current limitation, so as to confirm the necessity of criminal detention limitation alone setting.Fourth, the crime of dangerous driving should separately set reasonable limintation period. This part through learnt the limitation period for outside of advice in the criminal law alone add the term of limitation of criminal detention, public surveillance regulations, the maximum punishment for the crime of criminal detention or public surveillance after 2 years no longer prosecution, and to fully demonstrate its necessity and rationality.