Research On The Applicability Of The Approval And Prosecution Syste

The approved recourse system,also known as the "overdue recourse system",is a special system whereby the judicial authorities can continue to pursue certain criminal cases through special procedures after the recourse period stipulated in the criminal law has expired.It should be noted that the approved recourse system is for specific criminal cases where the crime is so harmful and has such a serious social impact that it is difficult to restore social order several years after the crime has been committed.The approved recourse system can make up for and amend the shortcomings of the statute of limitations system.The approved recourse system can reclaim cases that have exceeded the statute of limitations,allowing many old cases to be brought to light,repairing the damaged social relations and order,and vigorously combating crime.However,in China’s procedural law,there is a lack of supporting procedural provisions,the scope of approved recourse cases is not clear,approved recourse evidence requirements are unclear,the substantive law and procedural law provisions are not coordinated and in judicial practice there is an imbalance in the standard of approved recourse,etc.,the above is both the focus of theoretical research,but also the approved recourse system in the actual operation of the problem can not be avoided,although in judicial practice Although the system has been applied in judicial practice,but the lack of some of the rules resulting in the application of the requirements of the inconsistency,how to improve the application of the approved recourse system has become an important issue.The first chapter further understands the approved recourse system by analyzing the meaning,origin and development of the approved recourse system and the reasons for setting it up;the second chapter explores the current situation of the application of the approved recourse system and the specific application dilemma in conjunction with China’s judicial practice;the third chapter conducts a comparative analysis of the foreign overdue recourse system and explores how to improve the approved recourse system in China;the fourth chapter,on the basis of the aforementioned contents,proposes a perfection idea for the application of the approved recourse system in China.The fourth chapter,on the basis of the aforementioned content,puts forward a perfect idea for the application of the approved prosecution system in China,and the legislative improvement of approved prosecution should strictly control the scope of approved prosecution,clarify the requirements of evidentiary conditions,and coordinate the substantive law and procedural law through judicial rulings.The requirements of the process of reviewing evidence for approved prosecution cases should be regulated through legislation,and an independent standard of proof should be set for the approved prosecution system;in judicial practice,when handling approved prosecution cases,the principle of subjective and objective consistency should be implemented,and the factors of the offender,the factors of the victim and the social factors should be considered comprehensively.