On Legislation Of Supervision And Filing Of Duty Crimes Into The System Of Limitation Of Prosecution

The limitation of prosecution refers to the maximum period of validity of criminal liability stipulated in the criminal legal system.If a crime has passed the limitation period for prosecution,criminal responsibility shall no longer be investigated.The design of prosecution prescription system in criminal law is not a connivance to crime,its significance is to give full play to the purpose of crime prevention of penalty,which is conducive to social stability and unity,as well as reasonable distribution and utilization of limited judicial resources.The limitation of action system of criminal law in China is stipulated in Article 87 of the current criminal law.When the state public power is involved in the field of criminal crime,it will often have an impact on the limitation of criminal prosecution.The most important impact is to extend the limitation of criminal prosecution.The extension of the limitation of prosecution refers to the temporary suspension of the calculation of the limitation of prosecution of a crime during the period of the limitation of prosecution of a criminal offence due to the occurrence of a matter prescribed by law.Eighty eight articles of the current criminal law of our country stipulate two cases of extension of the limitation of prosecution,which are the cases in which the perpetrator evades the investigation and trial after the public prosecution and legal organ files a case for investigation or accepts a case,as well as the cases in which the victim files a complaint within the period of prosecution and the public prosecution and legal organ should file a case but fails to file a case.It can be seen that at present,China's criminal law does not stipulate the influence of supervision and filing on the limitation of prosecution for duty crimes,and this legislative gap may cause a series of problems in criminal judicial practice.The provisions on the jurisdiction of the State Supervision Commission(Trial Implementation)stipulates that the State Supervision Commission has jurisdiction over 88 charges,and the criminal acts involving the 88 charges shall be filed and investigated by the supervision organ,not by the public prosecution and legal organ,or accepted directly.Therefore,the cases involving such charges shall be separated from Articles 88 and 89 of the criminal law,and shall not be subject to the extension of the limitation of prosecution of the current criminal law Because of the restriction,these duty crimes are easier to be prosecuted than ordinary crimes.In addition,there will be the following confusion under the current system: the power source and characteristics of the criminal investigation power and the supervision and investigation power are highly similar,but the influence on the limitation of prosecution is quite different.Does it affect the coordination and unification of the legal system? Does the monitoring organ limit the time limit for investigation without prolonging the time limit for prosecution after filing a case,does it violate the legislative spirit of the supervisory regulations? How to deal with such cases in the process of supervision and investigation,examination and prosecution,return of supplementary investigation and trial if the case happens to be beyond the limitation of prosecution?The root of the above problems lies in the fact that the current criminal law does not include the case investigation of supervision and the case investigation of public security organs,procuratorial organs and the case directly accepted by the court as the case of extension of limitation of prosecution.No matter from the perspective of theoretical analysis,or from the perspective of case handling in supervision practice,supervision and filing should become an important factor that affects the limitation period of prosecution of duty crimes.Supervision and investigation filing can and should cause the extension of the limitation period of prosecution of duty crimes,so as to maintain the integrity of the limitation system of prosecution and even the criminal litigation system,and ensure the adequacy of the supervision organs Time for handling cases,and further consolidate the situation of anti-corruption and high pressure.The design of the system can be realized by modifying the criminal law,the supervision law or making other supervision laws and regulations.