Research On The Issues Of Criminal Limitations System Of Prosecution In China

Limitation System of Prosecution is the basic system of criminal law, which refers to the expiration date that the judiciaries investigate criminal offenses according to criminal law. When the perpetrator committed the crime and has not been prosecuted in legal time limit, the judiciaries will no longer prosecute it.Limitation System of Prosecution is a very important part of criminal law system and it is related to people’s freedom or even lives. The setting of system is of legitimacy.On one hand, the existence of it can make victims put forward accusations in time so as to safeguard their legitimate rights and the judiciaries timely perform their functions according to the law. On the other hand, it also makes the perpetrator who is beyond the limitation of prosecution no longer been accused for a longer period based on the elimination of penalty. Meanwhile, Unlimited Extension System of Prosecution, which is the exception or supplementary regulation to Limitation System of Prosecution, protects the legitimate rights of victims in some way, thereby safeguarding the dignity and authority of national law and maintaining social stability and order.Law always lags. In order to make the national prosecuting authority, victims and prosecutors exercise the rights of prosecution effectively, it is necessary to add Suspension System into Chinese limitation of prosecution. By doing so, it will improve the relevant limitation systems of prosecution in China and ensure the smooth progress of the proceedings. The applications in judicial practice of Limitation System of Prosecution diversify due to different understanding of the law,which leads to different conduct of the same case. Thus, it is necessary to envisage the insufficiency and deficiency of the limitation system and improve it.The thesis mainly studies and elaborates Chinese relevant systems and defects of the limitation of prosecution by researching most materials of the system and discusses the advantages and disadvantages of its design. Some more perfect suggestions of constructing Suspension System of Limitation of Prosecution withChinese characteristics are put forward in the thesis with the reference of foreign experience. The thesis contains the following five parts.The first part is introduction. It is the brief analysis of the concept of Limitation System of Prosecution and the original intention of establishing the system. This part also puts forward that the value and connotation of the system should be further clarified in theory and judicial practice and the insufficiency and deficiency of the limitation system should be envisaged.The second part elaborates general tenets of Limitation System of Prosecution in China. It is about the introduction of the connotation of this system.The third part mainly discusses the setting of the standard and pattern of the limitation of prosecution in China. It is the specific introduction of the standard setting of the limitation, pattern setting of range level of the system and the setting of the special limitation system which exceeds the limitation of prosecution.The fourth part discusses the understanding and application of Extension System of Limitation of Prosecution by analyzing the specific understanding of clause of Unlimited Extension System of Prosecution. This part also brings in Suspension System of Limitation of Prosecution by introducing and rethinking the content and legislation value of the clause.The fifth part elaborates the understanding and application of Limitation Starting System of Prosecution in China. By comparing with legislation examples of foreign limitation starting period of prosecution, this part presents the reference significance of foreign legislation examples. It also introduces rational conduct of Limitation Starting System of Prosecution in China, including Crime Day, Maximum Punishment by Law, and some other conduct in special cases.