analysis of the need to build deferred prosecution（分析需要建立暂缓起诉）.doc

Analysis of the need to build deferred prosecution Abstract 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 that 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 prosecution’s case, but the country has not established deferred prosecution. This paper describes the legal 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, also known as the prosecution of hesitation, with conditions not 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 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 court 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 protection of the public interest, easing social conflicts, education and reform offenders purposes, prosecutors authorities draw the trial court case established the applicable def