System Of Relevant Statute Of Limitations Suspended

Limitation of prosecution, as part of the Criminal Law, catches few attentionsboth in theory and in practice. There are few studies about limitation of prosecution inthe recent20years, among which the most systematic writing about the statute oflimitations is Study on the statute of limitations written by Mr. YU Zhigang. Mr. Yu’sstudy is comprehensive, but with the development of the times and the perfection ofthe criminal theory, the author turns to disagree with part of the study. Take thesuspension system of limitations for example; the author puts forward different viewson the problems such as whether the pending charges could be reason of thelimitation’s suspension, whether the start of the criminal proceedings could lead to thesuspension of limitations, whether the limitation’s suspension of one suspect in a jointcrime could lead to the others.The reason why the author chooses the suspension system of limitation ofprosecution as research direction of my graduation thesis is that on one hand, thesuspension system of limitations is a gap in our current criminal law legislation; andon the other hand, the author finds the existing problems in our statute of limitationscould not be properly resolved by the current systems such as system of interruptionand extension while that could be properly and reasonably resolved by the suspensionsystem. We are in the critical period of the construction of socialist rule of law. Thevarious branches of law are being constantly improved, and the criminal law is noexception. The suspension system of limitation, as part of the statute of limitation ofprosecution, is necessary for our country.The stopping system in the statute of limitations is generally divided into threeparts, such as suspension, interruption and termination. In Chinese Criminal Law, theinterruption and termination system of limitation of prosecution are regulated whilethe suspension system is not. The aim of the interruption system is to prevent thecriminal from using the system of limitation of prosecution to evade responsibility, toavoid the criminal’s continuing crime, and to minimize the possible adverse effect of the statute of limitations. The aim of the termination system is to respect for the legalfacts, such as death of the criminal, amnesty or the fact that the criminal has beenpunished by other country under the universal jurisdiction. However, the suspensionsystem plays an important role in helping the state prosecutor and the privateprosecutor exercise the right to seek punishment timely, effectively, fairly and legally,protecting the right from loss due to unexpected factors, and avoiding lightpunishment against the criminal. It is rational and modern to set comprehensivestopping system with all the three types of system mentioned above, which couldbetter punish and prevent the crime, protect and safeguard the society, and wellbalance the interest among the criminal, victim and the public community.The extension system of limitation of prosecution in Chinese Criminal Law isone kind of termination. Different from respect for the legal facts, this kind oftermination, which is regulated in the provision, has some problems that make theauthor disagree with it. Through discussion, the author attributes the situation of thefirst paragraph of the Criminal Code88to the cause of the suspension of limitation,and rejects the second paragraph of the Criminal Code88.Lack of necessary coordination with other laws and regulations and lack ofnecessary link with the criminal proceedings are another two problems in Chinesesystem of limitation of prosecution. Deputy’s protection system regulated inConstitution should be one of the causes of the suspension of limitation, but Chineselegislature lacks necessary attention on the issue. Statute of limitations should reservenecessary space for the criminal proceedings; the author gives views on whether itcauses suspension or interruption.The article is about how to create the suspension system in Chinese limitations ofprosecution. Through analyzing the problems in the Chinese existing statutes, andbased on the analysis of the relative statutes in other countries and areas, the authorproposes a model about how to establish the suspension system in Chinese limitationsof prosecution, expecting it would be helpful to make the system perfect.The article is divided into three chapters.In the first chapter, the author introduces the definition, legislative intention and function of limitations of prosecution. And through analyzing the problems in thecurrent statute of limitations, the author suggests we establish the suspension systemof limitation to solve the problems.In the second chapter, the author discusses the concepts and features of thesuspension system of limitation of prosecution. In addition, the author introduces andanalyzes the relative statutes in other countries and areas.The majority of the third chapter is about how to add the suspension system intoChinese limitations of prosecution. Based on the analysis of relative statutes in othercountries and areas, the author summarizes the causes of the suspension, and putsforward views about whether the start of the criminal proceedings could lead to thesuspension of limitations. In addition, the author mentions special calculation of thelimitations which could help the perpetrators avoid the situation of being prosecutedinfinitely. At last, the author proposes a model about how to establish the suspensionsystem in Chinese limitations of prosecution.