Research On The Limitation Of Prosecution In Our Criminal Law

Limitation is the limitation on the prosecution that is the right punishment,should bear the result will lead to criminal punishment due to exceed the limitation period to an end.The limitation of prosecution is consistent with the trend of penalty width(That is,the penalty should not be used,and the substitutive measures will be used to make the offenders remodel themselves and return to the society)that Is the main way which legal death penalty,criminal problems in a vacuum punishment for the reasonable solution,therefore,in general,both foreign and domestic academic circles for the limitation of the existing criminal law theory have a positive attitude.But from the judicial practice of our country,The rarity of its application is not proportional to its importance.Although the application of rare sex in some extent can reflect the improvement of the efficiency of judicial process,But it also means that a penalty vacuum is a widespread crime,It also means that the relevant judicial experience is insufficient in summarizing and refining.This paper focuses on the theory of the limitation of prosecution.The specific application of the limitation of prosecution is the starting point,I learn about how to make the best use of the limitation of prosecution under different circumstances.This paper takes the analysis and demonstration mode of "analyze the theory and then discuss the application",Based on the elaboration of the legitimacy of the limitation of prosecution and the analysis of the relevant limitation system,to learn about the essence of the limitation of prosecution and the value of legislation are further clarified.Next,I encircle the provisions of articles 87 to 89 of Chinese criminal law and make The "starting point","terminal" and "term" of the limitation of prosecution as the shaft.Through the in-depth study of the consequential offense,the same crimes,the implicated offenders,the consequential aggravated offense,the criminal form of the holding type,I determine the starting date of the limitation of prosecution under different circumstances.The article proposes the starting point of the result criminal prosecution is based on the date of the last harmful result before the detection of the case.The case of the same crimes can not be simply applied to the law of limitation of prosecution for successive offenders.It is necessary to judge whether there is a continuous criminal intent from two aspects of the main and the objective aspects.In essence,the implicated offense is a kind of some crimes,It is necessary to judge the limitation of previous and later crimes.The starting point system of the consequential offense is explained by the expansion of the day of the crime.The starting point of limitation is the day of completion of all the elements of conviction and sentencing.It is necessary to discuss on the situation of holding type offense.From the maintenance of the victim,the criminal human rights angle,Through the discussion of related theories,I argue the statute of limitations to stop the calculation.Through the principle of adaptation based on the principle of crime,I demonstrate the application of the duration of prosecution under special circumstances.We hope to build on the research results at home and abroad,through further discussion on the application of the statute of limitation of prosecution.I hope it is helpful for the application and improvement of Chinese prosecution limitation system.On the basis of the principle of adaptation to crime and punishment,the article proposed that the determination of the period of recourse should also be in conformity with the danger of the repeated offense.The article also discuss the application of the period of prosecution under special circumstances.The deadline for the prosecution of dangerous driving should be longer than six months or five years.Through the eighty-eighth article of criminal law in China,the article discusses the avoidance of justice as a subjective avoidance of justice,which is intentional confrontation with the judiciary.At the same time,it is suggested that the social harm of the crime should be extended in a proper way rather than an indefinite extension of the prosecution period.We hope to build on the research results at home and abroad,through further discussion on the application of the statute of limitation of prosecution.I hope it is helpful for the application and improvement of Chinese prosecution limitation system.