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1、1Analysis of the need to build deferred prosecutionAbstract deferred prosecution from Germany, Japan, the first is based on the increase in the number of crimes and serious shortage of judicial resources and the establishment of the conflict, to develop. Deferred Prosecution refers to conditions tha
2、t meet the prosecution of minor criminals conditional non-prosecution temporarily retain the right to prosecute the litigation system. Judicial practice of some places in China have been deferred prosecutions case, but the country has not established deferred prosecution. This paper describes the le
3、gal basis for deferred prosecution, as well as from academic circles deferred prosecution questioned stated build deferred prosecution of necessity. Paper Keywords deferred prosecution legal basis for the necessity of First, the deferred prosecution Overview Deferred prosecution from Germany, Japan,
4、 also known as the prosecution of hesitation, with conditions 2not to prosecute, refers to the prosecution that meet the conditions for prosecution of criminal suspects based crime they have committed minor social harm small reasons such as not being prosecuted, while the establishment of the study
5、period, requiring the suspect in the investigation period to fulfill certain obligations, if the suspect in the period to fulfill its obligations, the prosecution will no longer be prosecuted, and the proceedings came to an end; On the contrary, the prosecution will be its prosecution, asked the cou
6、rt to be held criminally responsible as a litigation system. Deferred prosecution is a direct cause of the increase in state criminal cases and the contradiction between the lack of judicial resources, in order to achieve the case of diversion, the effective use of judicial resources, to achieve pro
7、tection of the public interest, easing social conflicts, education and reform offenders purposes, prosecutors authorities draw the trial court case established the applicable deferred prosecution probation system, and its essence is conditional non-prosecution, is a conditional, with a duration of n
8、ot 3examine prosecution system. Second, the legal basis for deferred prosecution Deferred prosecution system is established in addition to the practical needs also included a legal basis, the purpose of which is the rise of criminal penalties deferred prosecution provided the ideological foundation
9、for the doctrine of prosecution deferred prosecution provides an institutional basis for implementation. First, the purpose of criminal penalties for the deferred prosecution rise construction and development of the ideological foundation. In the development process of the criminal proceedings, the
10、penalty experienced by the concept of retribution punishment transition to the destination, the state launched the starting point of punishment just for revenge and punishment of criminals, more out of the restoration of a stable social environment and promote the social reintegration of offenders c
11、onsidered the ultimate goal. From a macro perspective, the establishment of the right of the penalty, the use is to achieve crime prevention, crime reduction or even elimination of crime and 4protection of society purpose; From the micro level, the penalty for the perpetrator Branch office, not simp
12、ly evil for evil, but I hope the perpetrators of the criminal law to bear bitter able to turn from the good, return to society. The rise of criminal penalties for the purpose of deferred prosecution system construction and development of the ideological foundation. Prosecutors deferred prosecution g
13、ives some discretion to meet certain conditions for the suspects temporarily sued, asking them to be completed within a certain period of legal obligations, but did not give up the right to recourse. This potential criminal prosecution for criminal suspects to legal deterrence, while deferred prosec
14、ution for acts who once avoided because of their criminal acts to be labeled opportunities, prompting the suspect to turn over a new leaf and is conducive to the suspect correction and return to society, the right to be able to use the penalty before being able to prevent the perpetrator recidivism
15、effect, which largely caters to the purpose of preventive and corrective punishment doctrine social defense philosophy. 5Second, the doctrine of prosecution for the deferred prosecution and provide an institutional basis for implementation. Prosecution doctrine, also known as the prosecution of rati
16、onalism, opportunism, refers to the prosecution authorities have already identified crime that meet the conditions for prosecution of the case, considering all the circumstances, that no prosecution can discretion not to prosecute. Early, countries pursue criminal prosecution of legal doctrine, once a certain behavior in line elements of the crime, to prosecute standard, then the prosecutor to prosecute must be investigated. But with social development, cases in
