A Comparison and Analysis of the System of Prosecution Postponement

As one manifestation of the doctrine of prosecuting discretion,prosecution postponement has been initiated in major developed countries throughout the world.After comparing the systems of prosecution postponement in Germany,Japan and the U.S.,the author finds that the area of application,probationary period,people's acceptance of such a system and the supervision of such a system vary in these three countries.The reasons of these differences lie in the differences in these three countries such as their legal traditions and concepts of prosecution.The current judicial practice in China is very similar to that of Japan and Germany just before the execution of the system of prosecution postponement.Considering our own legal tradition and concept of prosecution,a system of prosecution postponement should be worked out in China so as to extend the area of application in discretionary nos pros.