Postponed Prosecution In The View Of Rule Of Law

Nowadays some People's Procuratorates in our country are trying out the postponed prosecution system during the justice innovation, which incurs wide criticism. How we should consider postponed prosecution and whether the system should be established in China are of great significance not only to the law theory but also to the judicial practice. In my opinion, we should place the postponed prosecution system in the background of the evolution of penalty purpose from the retribution to the prevention, the prosecution system from the principle of legality to the principle of opportunity, and especially considering the transformation of China from rule by men to rule of law nowadays. Only thus, can we draw a correct conclusion. The thesis can be divided into 3 parts as a whole: the introduction, the main body and the conclusion. The introduction elicits the kernel question how we should evaluate postponed prosecution system through the criticism of many scholars to postponed prosecution. The main body can be divided into 5 chapters. Chapter 1 defines the notion and characteristic of postponed prosecution, and at the same time tells the difference between some correlative notions. Chapter 2 reviews the path of rule of law that postponed prosecution system went through in history: the penalty purpose from the decline of retribution to the up rise of prevention provides rich ideology soil, the prosecution system from the principle of legality to the principle of opportunity becomes its headstream, the rise of economic analysis of law and its penetration to the criminal laws makes it in great need, and the wide application of non-penalty and light-penalty makes it emerge as times require. Chapter 3 makes a brief introduction to the implement of postponed prosecution in Japan and German. Chapter 4 abstracts the value of the system. Chapter 5 draws a conclusion that postponed prosecution system should be established in China, outspreading from 5 sections: the great need, feasibility, obstacles, limitation and legislation establishment. The conclusion makes a brief retrospection to the thesis, and put forward that postponed prosecution system should be established when the Criminal Procedure Law is revised. The thesis hopes for some contributions as follows: 1. In methodology, integrative research methods such as historical analysis, comparative analysis, dialectic analysis, substantial analysis and so on, are brought to bear, to obtain rational reasonable and objective conclusion; and it's for the first time that postponed prosecution is reviewed with the penalty purpose and prosecution system. 2.Litigation value of postponed prosecution is first put forward definitely and demonstrated from human rights safeguard, entity, and procedure. 3. Possible limitation of the system is first brought forward and is kept away when system constructed. 4. There are also innovations in system establishment such as applying object, conditions, procedure, restrict mechanism, trial period, etc. However, there must be some deficiencies in the thesis, please be unstinted to point them out.