Problems Relating To Offence Of Complaint

Offence of Complaint is an important law system. It is stipulated in criminal law making of ancient and morden . There are more perfect stipulations about offence of complaint in many other countries, but the stipulations are too simple in our country and relevant research of theory is little, so it influence the established effect of this kind of crime decided by laws. In order to dig the unique value for offence of complaint in current society. This essay is related to the fact, to devide into four parts for discussing the relevant issues about Offence of Complaint:Part â… :Definition limit about Offence of Complaint. This part analyse the characteristic and speciality about offence of complaint, discuss its meaning about handled only upon complaint and civilization about offence of complaint, also compare handled only upon complaint with self-complaint, to separate respective limit, mainly there are two procdeural formats of handling only upon complaint, which is oneself actionand public action, oneself action is a result of procedural format about handled only upon complaint.Part â…¡:Offence of Complaint is not perfect in our country currently.Analyse and discuss that the suitable range about offence of complaint is narrow, and the reasonable proofs of expanding the suitable range about offence of complaint, also provide coordinating and perfect suggestions about the countrary on offence of complaint stipulations of criminal law and criminal procedural law. At last, provided opions on that to perfect Item 98 of criminal law for the issues, which is the procuratorial organ provide complaint reasons and procdeures selections of the public prosecution relieving system in offence of complaint and which procedure while the procuratorial organ provide complaint under different situations.Part â…¢:To evaluate and analyse several special situations of handled only upon complaint. First, to analyse new added offence of encroaching, and discuss proof of encroaching action, failure to return and failure to hand out; secondary, discuss to expand the issues about offence of complaint limitedly in marriage family range and privilege of private affairs range, provide the suggestions that crime amony relatives is different with normal persons, some special crimes, such as:offence of property, offence of rape within marriage can be included into offence of complaint.Part IV:Frame imagination about offence of complaint making. First, to justify offence of complaint is procedure issue or substance issue, and find out the result that offence of complaint mainly is a procedure issue, but when it involve in single crime, it is still related to substance issue. Based on that, in view of law making examples of Japan, Korea, provide that relevant issues about offence of complaint are included into criminal procedural law, for single offence of complaint making only clear in attachment of criminal law.