| 英文摘要 |
Financial law repeatedly increases its criminal responsibilities, which can be equal to those of murder and serious physical injury. Due to the opaqueness in crime elements, seriousness of criminal responsibility and frequent debates in administrative and judicial practices, the conviction rates are low. Yet, business operators may easily violate the regulations and find themselves trapped in judicial proceedings, which can deter them from actively engaging in the business. Reducing or removing criminal responsibilities for confession and confession in investigation process has historical backgrounds and active functions. Moreover, together with the application of deferred prosecution, it may encourage the convicted to start with a clean slate, compensate the damages as well as eliminate the cost of prolonged judicial proceedings. However, current judicial practice is restricted by the outdated concept of separating reductions under the general provisions and specific offenses, causing disputes in law application. This article aims at this issue and provides analysis and advice on the obstacles in applying deferred prosecution. |
