Further Analysis of Evading Investigation Behavior

Interpretation and Development of Legal Doctrine in Article 88, Paragraph 1 of the Criminal Law

Abstract

Article 88 of the Criminal Law of China establishes two major termination grounds for the statute of limitations for prosecution. Among them, the debate on "evading investigation or trial" is particularly lengthy and has not been effectively resolved, which affects the correct and unified implementation of the law and is not conducive to the development of the modernization of the Chinese style rule of law. The vitality and value of law lie in its implementation and application. For the judicial determination of "evading investigation", a judgment and interpretation of the value orientation of equity should be made based on textual and systematic explanations. The "expansion theory" and "extreme expansion theory" have elevated the legislative intent of the statute of limitations for prosecution, which is suspected of violating the criminal law and the principle of restraint in criminal law. The theory of limitation also faces the problem of self consistency in system interpretation. The determination of "evading investigation" should correctly handle the "investigation defense relationship", clarify the legal constituent elements of "evading investigation", distinguish the determination of joint crimes, and adhere to the interpretation position of following the criminal judicial value order, the judicial concept of putting the people at the center, and the objective and fair obligation of prosecutors.