Researchonthe Applicationofthe Limitation Systemof Criminal Prosecution

The statute of limitations of criminal prosecution as a restriction on the state’s right to initiate penalties.The result is to end the state’s criminal responsibility for specific offenders.It embodies the value of judicial efficiency and the concept of human rights protection,and is useful for realizing a justice,human rights,and orderly social legal environment.It is of great significance.However,the criminal prosecution statute of limitations as part of the criminal law does not fully play its due role.On the one hand,due to the shortcomings of legislation,the vagueness of language,and the contradiction between legislation and judicial interpretation,there is a relatively chaotic situation,which leads to judicial practice.There is no uniform standard for determination,and the issue of limitation of prosecution has been highlighted in the "Nanmedicine Rape and Murder Case".There is a conflict between the new Criminal Law and the old criminal law regarding the application of the "new principle" or "the old principle" to the limitation of prosecution;on the other hand,there are related issues.There are relatively few academic monographs on the criminal prosecution system,and there is little attention in theory and practice,and there has been no consensus on the problems of the system.Therefore,in order to ensure the accurate application of the criminal prosecution limitation system,the author has conducted legislative analysis and discussion on several issues in the judicial application of the system,such as the retroactive effect of the prosecution limitation period,the determination of the prosecution limitation period extension,and the approval of the prosecution period.,In order to find a solution.The first part: Research on the retrospective power of the statute of limitations system.First of all,through the "Southern Medicine Rape and Murder Case",the question arises,that is,whether the statute of limitations system applies to the old principle or the new principle in the case of the replacement of the old and the new law.I enumerate several mainstream viewpoints in academia,and clearly put forward the author’s argument for the new principle.The rationality of the renewal principle is affirmed by demonstrating that the limitation of prosecution has the attribute of procedural law,from the legislative and judicial level,the principle of legal crimes in criminal law and the principle of trust protection.The second part: Research on the application of the prosecution limitation extension system.First of all,the question is raised whether the filing of a case is only for the offender or whether it includes both the offender and the facts of the crime.The author proposes the shortcomings of only filing the case for the offender.Persons also include the filing of the case;secondly,the judicial determination on evasion of investigation and trial was discussed.It was proposed that the time for evasion of investigation and trial should not be limited to the time after the case was filed or accepted,and should include the time period after the crime.Nor should the perpetrator know that the case has been filed for investigation or acceptance,and that evasion of investigation and trial is not limited to active and active situations.Passive situations also belong to evasion of investigation and trial;finally,discuss that the case should be opened and not filed.Circumstances,the clear prerequisite is that the“victim” should file a complaint within the “prosecution period” and the judicial organ should file a case and not file a case.For the case that should be filed,it should be understood in conjunction with the Criminal Procedure Law,that is,as soon as there is evidence to prove a crime When the facts happen,two need to be investigated for criminal responsibility.Part Three: Research on several issues of the approved prosecution system.First of all,the approved prosecution system is a supplement to the statute of limitations system rather than an exception.It does not deviate from the statute of limitations system,but empties the entire statute of limitations system.It not only conforms to the legal traditions of our country and the socialist legal concept of justice.A good operating mechanism has also been formed in judicial practice,which is of great significance to the construction of a socialist legal environment.Secondly,whether the dispute over the approval procedure should be reported by the investigative agency to the people’s procuratorate at the same level to report to the highest prosecutor for approval of prosecution or whether the investigative agency reports to the highest investigative agency to request the highest prosecutor for approval of prosecution.In addition,the core element of the approval of prosecution is the review of the necessity of prosecution,which examines the nature,circumstances and consequences of the crime,measures whether social relations are restored,and whether the approval of prosecution is conducive to crime prevention.These are the factors that should be comprehensively evaluated in the review of the necessity of prosecution of criminals.Finally,whether in accordance with the "renewal principle" or the "reformed principle",the "Southern Medicine Rape and Murder Case" can be resolved through an approved prosecution system to achieve social fairness and justice.