Research On The Limitation System Of Criminal Prosecution In China

The limitation of prosecution system is a significant institution that leads to the elimination of penalty,and plays an important role in the criminal legislation of all countries in the world.The limitation of prosecution system is not for indulging crime,but a respect for the value of order.It is a recognition of the criminal’s self-reform instead of punishment,which indirectly creates self-restraint for the criminal,reflecting the trend of mitigation of punishment.Conducive to reducing judicial costs.However,there are very few criminal cases in our country where the limitation system of prosecution is applicable.On the one hand,it may be that our country ’s detection rate is increasing year by year,and there are fewer criminal cases in this situation;On the other hand,there is no systematic theory of limitation of prosecution.In judicial practice,there is also a problem of inadequate understanding of the limitation of prosecution system by judicial staff.Influenced by the traditional idea of “tit for tat,eye for an eye”,judicial staff often discounts greatly when applying the system.According to the ideas of putting forward,analyzing and solving problems,this article studies the limitation of criminal prosecution system in China,introduces the current situation of legislation and the difficulties in application of the system,focuses on the analysis of the difficulties faced by the system in judicial practice,and puts forward suggestions for improvement on this basis.This article consists of four chapters.The main content of each chapter is as follows: The first chapter is an introduction to the limitation of prosecution system.This section mainly introduces the meaning of the limitation period of prosecution,at the same time,it expounds the functional value of the system.On this basis,it further introduces the status quo of China’s prosecution limitation system.The second chapter is the determination of the limitation of prosecution and the extension of the limitation of prosecution.This part mainly expounds the hot and difficult issues encountered in judicial practice,and expresses some personal opinions of the author.In the determination of the time limit for prosecution,the understanding and application of the "day of crime" are mainly explained.In the determination of the extension of the time limit for prosecution,the understanding and application of "evading investigation and trial" and "should be filed but not filed" are discussed.The third chapter is the predicament in the judicial practice of prosecution.China’s current criminal law was enacted in 1997.As far as the limitation of prosecution system is concerned,our criminal law has not been modified.However,facing the changing economic and social environment,the limitation of prosecution system also faces many difficulties in judicial practice.This part mainly includes the legal maximum punishment is the calculation of the limitation of prosecution for criminal detention;the application of the limitation of prosecution for unit crime;the application of the limitation of prosecution for negligent crime;the limitation of prosecution for supervision of duty crime,and so on.The fourth chapter is the improvement of the limitation system of prosecution in China.This part is mainly for the author to express his personal opinions on improving China’s prosecution statute system,such as increasing the legal maximum penalty for criminal detention and unit crime prosecution period,defining the calculation of the prosecution period of negligent crime,increasing the provisions of the prosecution period of duty crime supervision,improving the extension of the prosecution period and increasing the provisions of the termination of the prosecution period,etc.