Improvement To The System Of Prescription Of Prosecution In Chinese Criminal Low

The limitation system of prosecution refers to the system in which the right of punishment is to be eliminated after the occurrence of a crime.Although the system is often neglected by legal scholars,it is an indispensable part of the criminal law system.From the reasons of its generation and survival,the result of the rational development of the theory of criminal law in time can also be called a helpless choice to some extent.The establishment of limitation of criminal law system is designed based on the basic theory of criminal law and value choice,the is not the regulation of criminal law,criminal law and criminal set remedial measures,so as to balance the fairness,justice,efficiency,such as order value orientation.In the period of limitation of prosecution,the judicial organ and the private prosecutor have the right to exercise their right of recourse and investigate the criminal responsibility of the offender.On the contrary,the judicial organ and the private prosecutor have lost the right of prosecution,and the criminal has obtained the special protection given by the passage of time.Every system has its value,and there are many drawbacks,and the limitation of prosecution is no exception.So,how to perfect our country's prosecution prescription system?This is the core issue discussed in this article.This article is to follow the discovery problem,reference research,solve the problem of thinking to expand the writing of the article.This paper is divided into four major sections: The first section is the introduction to the basic theory of the limitation of prosecution,including the basic meaning of the limitation of prosecution,the legitimacy and the status quo of China's prosecution prescription system.The second sector of the applicable law of limitation system in China the analysis of existing problems,find the limitation of the algorithm,the deadline set problem,extending system problems and limitation of the lack of suspension system,the exception of special provisions.The third section investigates and discusses thelimitation system of prosecution of extraterritorial criminal law,and puts forward reference significance for our country.The fourth section is the most important part of the paper.Despite the limitation of criminal law system is not perfect,but,in contrast,China's limitation system is more worth to improve and changes,and there are more necessary for reference.By surrounding the problems mentioned in the second plate,draw lessons from outside the system,since the limitation,the deadline set,extend the system as well as the limitation to suspend system,international crime special provisions of the four small plates the improvement of the reasonable advice is put forward.It is hoped that this article can be beneficial to the improvement of the limitation system.