| There are two parts in the prescription system in criminal law: prescription of prosecution and prescription of execution of sentence. As to content, each of the two parts includes following systems: the period limitation, reckoning system, suspension, discontinuation and termination. In macro-respect, the current criminal law of our country is lack of the legislation of limitation for executing a sentence. The prescription of prosecution legislation has following shortcomings: Firstly, it has stipulated only the period limitation to death penalty and penalty against freedom, but there is no corresponding prescription regulation to other kinds of punishment. Secondly, current prescription of prosecution has no suspension and termination system. Moreover, the lengthened and exceeding limitation system of prescription stipulated in current criminal law make the existing prescription legislation to a certain extent impracticable. In micro-respect, there are following several problems. Firstly, the period limitation of prosecution for death penalty is not compatible with that for penalty against freedom. Secondly, the period limitation regulated in the 89th article of the current criminal law is calculated from"the day of the crime", which is easy to cause confusion in understanding. Besides, it is stipulated in the discontinuation system of prosecution that as long as recommitting fresh crime in the period limitation of prosecution, the period limitation of prosecution of the former crime is calculated from the day when the latter crime is committed, which cannot reflect the original intention of the prescription legislation. Because of all those mentioned above, it is essential to completely construct the prescription legislation in current criminal law of our country, which, no matter from the view of theoretical research or judicial practice as well as adapting our criminal law to those of other countries of the world, has great meaning.Macro-respect. Firstly, propose abolishing the lengthened system of prescription and exceeding limitation system of prosecution, which should be replaced by suspension system of prescription. Secondly propose establishing suspension system of the prescription of prosecution, and list four kinds causes that lead to suspension: 1.special subjects; 2.precondition on the procedure; 3.force majeure; 4.the fact that hind the procedure from gonging on. Thirdly, propose establishing termination system of prosecution prescription and assert that there should be only one cause that can terminate the prescription of prosecution: adjudicate that make the criminal obligation practical. The period limitation of prosecution terminates on the day when the adjudicate comes into effect. Lastly, propose establishing prescription system of execution of sentence, which should include period limitation, reckoning, suspension and discontinuation.Micro-respect. Firstly, propose establishing period limitation of prescription of prosecution for pecuniary penalty, criminal detention, penalty of public surveillance and penalty of depriving political rights. Suggest the period of all mentioned above be 3years. Secondly, propose raising the period limitation of prescription for death penalty to 30 years and the one for life imprisonment to 25years, and regulating that if one commits more than one crime at the same time and the maximum statutory penalty of all the crimes is less than 35 years, the period limitation of prescription should be 20 years, and if the maximum statutory penalty of all the crimes is more than 35 years, the period limitation of prescription should be 25 years. Thirdly, in term of the expression of reckoning a period limitation of prescription, propose using"from the day a crime is established"to replace"from the day of the crime". Lastly, as to the causes that lead to discontinuation of prosecution prescription, propose limiting the fresh crime to deliberate offence, which can better reflect the original intention of prescription legislation. |
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