A Study Of The Application Of Limitation Of Prosecution Of Criminal Law Of China

Prosecution limitation here refers to the period of validity in which national specialized organs that have the power of prosecuting offenders exercise prosecution power on the criminals according to the law and investigate their criminal responsibilities. The organs have the power to investigate criminal responsibilities of the criminals in this period and, otherwise, have no power of investigation out of it. That means they can not perform the power for punishment, Sentencing execution of the criminal and thus lead to the eradication of penalty on the criminal. China's criminal law has provided the two conditions of registering:first, facts of crime, called facts condition; second, need to be investigated for criminal responsibility, namely law condition. From these conditions we can make a firmly conclusion that if a criminal conduction exist and it is necessary to investigate its criminal responsibility, there is no doubt that criminals should be placed on a file for investigation. However, in the judicial practice, many cases was turn down by investigation organ, which meet the fact condition as well as the law condition, though. Why?Here this case was taken as an Example to show the problems lying behind the case,wishing to point out the wrongness of the non-filed decision made by the local police and the shortness of the now-existing legislation to bring in the rightness of using of the law and the perfectness of law in the future legislation.The first part of this article bring in the controversies of this case——whether this case is beyond the limitation of prosecution and meet the demand of filing.The second part of the article do analysis of each controversity of this case one by one and then draw a conclusion to the contraversities and last make a crictisim.