Research On Several Problems In The Limitation Of Criminal Prosecution In China

As a result of the limitation of criminal prosecution,the criminal prosecution system will directly lead to the criminal liability of the offender,which fully reflects the benefit value and humane value of the criminal law,and conforms to the development trend of the penalty.China's Criminal Law has the relevant provisions of the limitation of prosecution system,but from the perspective of judicial application,this system does not play its due value.The reason is that the ambiguity of legislative language and the lack of legislation do not provide a clear basis for its application,so that the judicial organs "do not dare to use" in actual operation.In order to ensure the accurate application of the statute of limitations for criminal prosecution in China,this paper mainly addresses three difficult problems encountered in the judicial application of the system,namely,the starting,ending and stopping problems of the criminal prosecution in China,and its legislation and theory.Sort out,find solutions and propose improvements to the legislation.This paper mainly discusses the statute of limitations for criminal prosecution in China in the following three parts:The first part: the starting point of the time limit for criminal prosecution in China.Firstly,enumerate the different understandings of the "crime day" in the criminal law community,and point out the shortcomings of each understanding.By thinking about the current legislation,it is recommended to determine the time for the prosecution of general crimes as the "end of the criminal act".Secondly,from the consideration of the particularity of the two types of crimes committed by the state and the implicated offense,the starting time of the time limit for prosecution is discussed separately.Analysis of state and implicated offenses also applies to the rationality of "end of the criminal act".The second part: the end problem of the time limit for criminal prosecution in China.Firstly,by criticizing the reasons for the support of “the theory of compulsory”,“the theory of filing” and “the theory of trial”,the rationality of the end of the limitation period of prosecution is denied.Secondly,it analyzes the reasons for advocating the "results in the results" and responds to the martyrdom raised by the skeptics.It is recommended that the date of the outcome of the trial be determined in legislation as the end of the statute of limitations.The third part: the cessation of the time limit for criminal prosecution in China.Firstly,the answer to the problem of the statute of limitations caused by recidivism in the process of judicial application is answered one by one.For example,continuous sin in the period of prosecution can lead to the continuous interruption of the prosecution period,and the analysis cannot set the aggravating result as the prosecution time limit.The reason for the interrupt condition.Secondly,it interprets the applicable conditions for the extension of the time limit for prosecution caused by the offender and the extension of the time limit for prosecution caused by the judicial organ,and proposes that the situation in which the judicial organ should file the case without filing the case should be set as the condition for the suspension of the time limit for prosecution,rather than the condition for the extension of the time limit for prosecution.Finally,through the exploration of the reasons and deadlines for the suspension of the statute of limitations,the proposal to set up a statute of limitations for the prosecution in the legislation is proposed.