Research On The Application Of Limitation Of Prosecution In Cross-legal Cases

As a basic system of criminal law,the limitation of criminal prosecution system has been recognized and adopted by criminal legislation of all countries in the world.The accurate determination of the time limit of criminal prosecution and the reasonable application of the penalty elimination effect of limitation of prosecution are conducive to the protection of the legitimate rights and interests of the criminal,so as to realize many legal goals such as fairness,justice,efficiency and order.In the judicial practice of our country,a number of old cases which have been ten or twenty years ago have been gradually solved.This kind of cross-law cases which happened before the Criminal Law came into effect in 1997 and experienced two stages of legal changes after the Criminal Law came into effect in 1997,how to accurately apply the limitation of prosecution provisions has generated great disputes and contradictions in practice.Around the old and the new criminal law in China about the system of limitation of the relevant provisions,in combination with the criminal law theory and judicial practice in the principle of the system involved in the retrospective,prosecution deadline identified,approved by the prosecution system applicable to the differences and disputes,and method of case analysis and discussions of limitation problem.This article is divided into four chapters.The first chapter is an overview of the limitation of prosecution system.Through three sections,it analyzes the basic meaning of the limitation of prosecution system,the theoretical value of the limitation of prosecution system,and the application of the limitation of prosecution in cross-legal cases.It is pointed out that when solving the limitation of prosecution in cross-law cases in China,there are some problems such as different understanding of retroactive principle of limitation of prosecution,different determination of time limit of prosecution and unclear application of approval of prosecution.The second chapter is the understanding of the retroactive effect of the statute of limitations in cross-law cases.First of all,based on the basic theory of the retroactive principle of criminal law in China,this paper discusses and analyzes the retroactive principle in Article 12 of the Criminal Law in 1997,and holds that the effect of criminal cases also adopts the principle of "proceeding from the old while being lenient".Secondly,a clear system of limitation of department law attribute,claim limitation belongs to a punishment of criminal law in China to eliminate for is of substantive significance of legal norms,in addition,also from the perspective of criminal law applicable and the value orientation of criminal law,demonstrates the case limitation span method apply the principle of "lighter from old and" legitimacy;Finally,this paper analyzes the controversial issues in the Interpretation of Some Issues on the Provision of Time Effectiveness of the Application of Criminal Law,and thinks that the interpretation conforms to the spirit of the principle of legality of a crime and punishment in our country,and is the confirmation and reaffirmation of the retroactive principle of "from the old and from the light".The third chapter is the determination of the time limit for cross-law cases.First of all,the basic theory about the starting point of prescription of prosecution in China is discussed in detail,so as to analyze the starting point of prescription of cross-law cases,and advocate that "the date of establishment of crime" is taken as the starting point of prescription of cross-law cases.Secondly,the paper discusses the differences that cross-law cases are not subject to the limitation of prosecution time,and holds that "filing investigation" should be understood as "filing case against person".The determination of "evading investigation or trial" by the doer should be considered comprehensively through the subjective purpose and objective behavior.The fourth chapter is the application of cross-law case approval and prosecution system.First of all,it discusses the application of our country’s approval and prosecution system,and analyzes the standard of our country’s overdue cases to request approval and prosecution from the application object and conditions of the approval and prosecution system.Secondly,the author reflects on the approved prosecution system and thinks that the approved prosecution system is not compatible with the internal structure and value of the prescription system,so the necessity of using the approved prosecution should be seriously considered and the right of "exceptional prosecution" should be carefully exercised.