The Research On Legal Regulation Problems About Transformation Of Private Prosecution To Public Prosecution

Since the modern prosecution system was established in the 14th century, experts of states make several explorations centering on prosecution in criminal procedure in legislation and practice. In this process, various of diversified modes had also been developed in our today's criminal prosecution system. In our country, basing on foreign experience and our national conditions, we establish a dual system, in which public prosecution is the main type and private prosecution is auxiliary.As different forms of criminal prosecution in our nation, public and private prosecution, respectively, have their different features. They guarantee fully the normal performance of the criminal order and assert rights of nation or related parties. In recent years, however, the slow process of judicial reform causes the decoupling between legislation and practice. Meanwhile, with the explosion of criminal cases, a great many bad problems have been discovered in the criminal practice, especially the adjustment of conflict between public and private prosecution modes.Speaking of private prosecution, the country authorizes the rights of whether to sue to the victims in order to respect the victims' wills and give better protection to their human rights. Although there are more detailed and practicable rules in the current law and practice in China, which are of the private criminal prosecution system and the cases of public prosecution turning to the cases of private prosecution, the fact of victims lacking of legal capacity determines some limitations of their private prosecution after they suffer violation; and two attributions of personal infringement and social harm of the crime itself determines that the country should "do something" to some cases of private prosecution. Consequently, many countries overseas establish the system of private prosecution turning to public prosecution. As victims fails to exercise the rights of private prosecution because of some external reasons or their passive practice, which causes serious damages to the country, social interests and other people's legal rights, the country should interfere with cases of private prosecution necessarily and properly and turn the cases of private prosecution to the cases of public prosecution timely, which should be handled in accordance with the procedure of public prosecution.Firstly, this article introduces the research topic through the discussion of relationship between the private prosecution and prosecution. Secondly, with the method of comparative law, the author sort out the situation and legislation of turning from the private prosecution to prosecution in various countries and regions of the world, and classify this situation simply combining the current reality in our country and related theories in schools. On the basis of defining of turning system from private prosecution to prosecution clearly,this article introduces and summarizes the scope of private prosecution turning to prosecution in our country,and further analyzes the reason. Thirdly,focusing on the analysis of the advantages and disadvantages of China's Private Prosecution turning to prosecution system in practice and legislation,search the comprehensive and accurate positioning of private prosecution turning to prosecution system in China. Finally,focusing on the problems occurred in the process of China's private prosecution turning to prosecution, the author proposes combining with the legislation and judicial practice, in order to make the system more rational and practical.This article is divided into four chapters, elaborating the main issues about the topic of turning from private prosecution to prosecution. Centering on this theme, giving some advises and connecting with the judicial practice to provide some references for the present practices and studies in our country.