On the establishment of system of postponement of prosecution in China
OU Daohua
Abstract
OU Daohua
Abstract
Postponement of prosecution system,as an indispensable component part of the public prosecution system,reflects both the judicial discretion of prosecutorial organizations and the advancement of modern criminal policies.The paper begins with the analysis of the conception of postponement of prosecution and some other related systems,and then the extraterritorial legislations of postponement of prosecution are studied.Besides,the guidelines,theoretical foundation and particular stipulations of the criminal proceedings in China are also discussed to demonstrate the necessity and practicability of establishing postponement of prosecution system and some preliminary ideas about it are proposed.
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Postponement of prosecution system,as an indispensable component part of the public prosecution system,reflects both the judicial discretion of prosecutorial organizations and the advancement of modern criminal policies.The paper begins with the analysis of the conception of postponement of prosecution and some other related systems,and then the extraterritorial legislations of postponement of prosecution are studied.Besides,the guidelines,theoretical foundation and particular stipulations of the criminal proceedings in China are also discussed to demonstrate the necessity and practicability of establishing postponement of prosecution system and some preliminary ideas about it are proposed.
Key concepts: Postponement, Discretion, China, Foundation (evidence), Law, Political science, Business, Law and economics