Research On Several Problems Of Criminal Private Prosecution

Since the criminal suit law was revised in 1996, the range of accepting and hearing a private-prosecuting criminal case has been expanded much more than before. However, the expansion has also brought about some problems need to be solved eagerly, therefore, both the jurisprudence theoretical field and judicature practical field have recently paid much attention to those problems lying in the reform of the system of criminal private prosecution. Based on the realistic background, this thesis surveys the general situation of the criminal private-prosecuting system in our country, introduces the evolution and present situation of the same system in other countries, discusses the values of this system, analyses some problems lying in it, and also puts forward the conception of anew design for our criminal private-prosecuting system. With those efforts, the writer hopes he could help to better the criminal private-prosecuting system in our country.This paper consists of five parts except preface and postscript:Chapter 1. the statement of criminal private prosecution.This chapter focuses on the concept, feature and type of criminal private prosecution, introduces the characteristics of trying a case of criminal private suit, and states the connection and difference between private prosecution and public prosecution.Chapter 2. historical evolution and present situation of the criminalprivate-prosecuting system.Beginning with the illustration of ways of settling the dispute in primitive society, this chapter conveys, from slave society, feudal society, capitalism society, to the Chinese modern and contemporary society, the changes of the criminal private prosecuting system and analyses the feature of the changes. Moreover, this chapter also introduces and discusses, by comparison, the main content of the criminal private prosecuting system in other countries and districts.Chapter 3. the suit Values of the system of criminal private prosecution.This chapter analyses the three values of the system of criminal private prosecution, that is, to protect rights of the aggrieved party, to improve the suit efficiency, to maintain the social stability. Based on the analysis, the writer puts forward his own proposal that when we newly design for the criminal private prosecuting system, we should adhere to the sequential principle of values that it is prior to protect the rights of victim, simultaneously improving the suit efficiency and maintaining the social stabilityChapter 4. problems and causes lying in the criminal private-prosecuting system in China.The chapter introduces the subject and object of the right of oneself action and the problems lying in supervision upon suit in the criminal private-prosecuting system, and also analyses the causes of drawbacks existing in the system.Chapter 5. the conception of anew design for the criminal private prosecuting systemOn the basis of introduction and analysis in former chapters, the writer states the detai led conception of anew design for the criminal private prosecuting system, namely that the idea of design should be renewed firstly, then, the aggrieved party should be defined as self-prosecuting subject whi le the procurator ial organ should act as procurator and supervisor in the criminal private prosecution, meanwhile, it is necessary to revise the existing three types of oneself action cases, setup the new and absolute oneself action case, and rebuild the system of transforming the public-prosecuting case into private-prosecuting case.