追诉时效制度适用中的疑难问题

Problems in the Application of Limitation of Prosecution

由于刑法的修正,刑法分则中部分犯罪行为的法定最高刑为拘役,现行刑法中的追诉时效制度难以适用于这些犯罪行为,应当修订时效计算的基准。违法作出撤销案件决定、不起诉决定或无罪判决的案件事实上等同于"应当立案而不予立案",适用时效延长的规定。"逃避侦查"的认定以侦查机关立案为前提,且是对人立案而不是纯粹的对事立案。

Due to the amendment of the Criminal Law, the maximum sentence of partial crimes in the Criminal Law is the criminal detention. However, the system of the limitation of prosecution is not suitable for these kinds of crimes, so we should amend the criterion of aging calculation. If a case quashed illegally, non - prosecution decision made illegally, or acquitted illegally, it means ＂unfiled cases which should be put on record＂. Thus the limitation of prosecution shall be applied to these eases. The determination of ＂Escapes from Investigation＂ should base on the case which has been put on record. Furthermore, it is not only upon discovering facts of crime but also the criminal suspect.