2010•Journal of Chongqing Jiaotong UniversityRequires access

On China's Establishing Postponement of Prosecution System's Legislative Conception

Zhao Jing

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Abstract

In the modern various countries criminal prosecution,the prosecution cheap principle obtains the universal establishment.Its outstanding feature lies in entrusts with the procuratorial agency widespread prosecution to decide after deliberation the power day by day,but to postpone the prosecution is the prosecution cheap principle development product.Outside the territory,to postpone to sue the good practice,beneficial and the successful exploration are carried on.However our country law of criminal procedure is only restricted in the prosecution to procuratorial agency's right of prosecution's stipulation and does not sue two authorities,to postpone the prosecution is one kind of dissociation outside the law of criminal procedure reform experiment,thus must have the discrete manner.The tendency which develops from the modern criminal prosecution looked that to establish postponement of the prosecution is also the historical necessity.We should profit from the overseas legislative experience's foundation,the establishment tallies with the Chinese national condition to postpone the prosecution system.

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In the modern various countries criminal prosecution,the prosecution cheap principle obtains the universal establishment.Its outstanding feature lies in entrusts with the procuratorial agency widespread prosecution to decide after deliberation the power day by day,but to postpone the prosecution is the prosecution cheap principle development product.Outside the territory,to postpone to sue the good practice,beneficial and the successful exploration are carried on.However our country law of criminal procedure is only restricted in the prosecution to procuratorial agency's right of prosecution's stipulation and does not sue two authorities,to postpone the prosecution is one kind of dissociation outside the law of criminal procedure reform experiment,thus must have the discrete manner.The tendency which develops from the modern criminal prosecution looked that to establish postponement of the prosecution is also the historical necessity.We should profit from the overseas legislative experience's foundation,the establishment tallies with the Chinese national condition to postpone the prosecution system.

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Available abstract

In the modern various countries criminal prosecution,the prosecution cheap principle obtains the universal establishment.Its outstanding feature lies in entrusts with the procuratorial agency widespread prosecution to decide after deliberation the power day by day,but to postpone the prosecution is the prosecution cheap principle development product.Outside the territory,to postpone to sue the good practice,beneficial and the successful exploration are carried on.However our country law of criminal procedure is only restricted in the prosecution to procuratorial agency's right of prosecution's stipulation and does not sue two authorities,to postpone the prosecution is one kind of dissociation outside the law of criminal procedure reform experiment,thus must have the discrete manner.The tendency which develops from the modern criminal prosecution looked that to establish postponement of the prosecution is also the historical necessity.We should profit from the overseas legislative experience's foundation,the establishment tallies with the Chinese national condition to postpone the prosecution system.

Key concepts: Postponement, Stipulation, Law, Legislature, China, Deliberation, Criminal law, Agency (philosophy)

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