Research On Limitation Of Prosecution System

The system of limitation of prosecution refers to the system that the state extinguishes the criminal’s penalty right after the prosecution period.The original intention of establishing the limitation system of prosecution in criminal law is to seek a balance of interests between the offender,the victim and the judicial organs.Within the statutory prosecution period,the judicial organ has the right to prosecute,and the victim also has the right to request the judicial organ to prosecute.Beyond the statutory prosecution period,the national penalty power will be eliminated,the private prosecutor has no right to use this right again,the criminal responsibility of the perpetrator is no longer pursued.In other words,after prosecution period,the criminal gets a special protection from the limitation of prosecution.This system,as one of the results of modern criminal law research,is commonly set up for foreign countries.China’s criminal code also provides for it through three legal provisions,but the excessive pursuit of concise provisions makes the system inadequate.The purpose of this paper is to analyze the shortcomings of the existing statute of limitations system and make suggestions to improve it,so as to enrich the theory of statute of limitations in China.I hope it can play a role in the improvement of the limitation system of prosecution,attract more scholars’ attention to the system.This paper has three main sections.In the first part,focusing on the basic theory of the limitation of prosecution system.introducing the theoretical basis of the limitation of prosecution system at home and abroad,as well as some new views of Chinese scholars in recent years.Then,analyzing the system design purpose of the limitation of prosecution,such as saving litigation resources,urging judicial organs to handle cases,and prompting criminals to repent.Thirdly,analyzing the value of the limitation of prosecution system.Finally,comparing the legislation on statute of limitations in foreign countries and select the ones that match with the content of the article for reference.In the second part,analyzing the problems existing in the limitation system of prosecution in China.Firstly,the advantages and disadvantages of various doctrinal disputes are analyzed through different understandings of the date of crime;the meaning of continuous or continuing state should be comprehensively understood and not be interpreted restrictively.Secondly,there are unreasonable legal grounds for interruption of the statute of limitations,as shown by the failure to make a distinction between the nature of re-offense within the limitation period.Thirdly,discussing the necessity of the suspension of limitation of prosecution,different from the interruption and extension of the limitation of prosecution,the establishment of the suspension of limitation of prosecution has its unique significance.The discussion of the termination time of limitation of prosecution is not the natural completion of limitation of prosecution,but the issue of when the limitation of prosecution will terminate when the criminal responsibility is realized.Finally,analyzing the different views and basis of the theorists on "filing a case for investigation" and "evading investigation and trial".In the third part,by comparing the legislation and research status of the limitation of prosecution at home and abroad,proposing some suggestions for improvement.There are mainly the following points,firstly,it is proposed that the "date of crime" should be amended to "date of establishment of crime";in addition to continuing offence and continuous crime,there are also state crime and collective crime,which can not be generalized.Secondly,the nature of the interruption of the statute of limitations should be intentional crime,if it is a crime of negligence,it cannot produce the legal effect of the interruption of the statute of limitations;Thirdly,the law should provide for the suspension of the limitation of prosecution system,and the statutory reasons for the suspension of the limitation of prosecution should be clearly defined;the answer to the question of when the point of termination of the statute of limitations should be set.Finally,the core issue of the prosecution statute of limitations extension should be accurately understood when the "case filing and investigation" is "case filing" and the object of filing is only for the person who filed the case,one of the conditions for the extension of prosecution statute of limitations is met."Evasion of investigation and trial" means that the perpetrator is active.Actively obstructing the investigation and trial of judicial organs,only in this way can the extension of the limitation period meet the second condition;the law should distinguish the prosecution limitation period based on the difference between the felony and the misdemeanor,and it can not be applied without distinction.