On The Beginning And Termination Of Prosecution Limitation

The statute of limitations is expressed as a time period in time,and the starting point and the end point are the two key points.From the current criminal law can determine a controversial prosecution time-effect starting point,but cannot deduce the time-effect ending point.The termination of the statute of limitations is not the successful completion of the statute of limitations after the beginning of the calculation of the statute of limitations,but refers to the situation statute of limitations is terminated in advance due to the prosecution of the prosecution organ.Every case entering the criminal justice process is judged by the statute of limitations,judging when the calculation begins and when the calculation ends.If the statute of limitations is not exceeded,the prosecution organ may investigate the criminal responsibility of the offender without time limit,and the offender will be restricted by freedom or even deprived of his life.The statute of limitations for the vast majority of crimes is counted from the date of the crime," the date of the crime " is the date,the law is not clear.It is difficult to reach agreement on when the statute of limitations will end.Public,procuratorial and legal organs have different understanding of the termination point of the statute of limitations,and then there are different findings,and cases with the participation of defense lawyers lead to more complex determination of the end point.Many schools of doctrine have been formed in the theoretical circle,which makes the determination of the termination point more complicated.These differences are detrimental to the smooth conduct of criminal proceedings and the fair handling of cases.The importance of the calculation of limitation of prosecution is self-evident,which should be paid attention to in the research.Based on the legislative status,judicial practice and theoretical disputes in our country,this paper focuses on the starting point and the determination of the termination point of the prosecution case,and its results have far-reaching theoretical and practical significance.This paper consists of four parts.The first part describes the pursuit and significance of the paper,collates the researchstatus of the starting point and the termination point of the system of recourse limitation,and expounds the structure,research methods,research ideas and innovation points of the thesis.The second part introduces the meaning,historical origin and significance of the statute of limitations system,and expounds the theoretical basis of the statute of limitations system.Respecting the current state of facts and saving judicial resources are important considerations for establishing a statute of limitations system.The third part focuses on the relevant issues of the limitation point of prosecution,expounds the "date of crime" dispute,the "continuous or continuing state" dispute and the "statutory maximum penalty" dispute in the definition of the limitation point of prosecution,analyzes and demonstrates each dispute and puts forward a unique view on the dispute.At the same time,combining with the comparison of extraterritorial legislation and domestic legislation,the paper puts forward some legislative suggestions for the starting of statute of limitations.The fourth part focuses on the issues related to the termination point of the statute of limitations,expounds the problems existing in the definition of the limitation point,one is the inability to unify the academic arguments,the other is the differences between the prosecution organs in the application,and the third is the cause of unnecessary confrontation between the defender and the prosecution organ.Through the analysis of the various theories of the present,one by one negative,boldly put forward a new point of view.At the same time,combining with the comparison of extraterritorial legislation and domestic legislation,the paper puts forward some legislative suggestions for the termination of statute of limitations.