Compared Research On No Trial Without Complaint

In China's history of criminal law, the no trial without complaint has been regulated for a long time, however, the theoretical research and legislation concerning it lagged behind the other continental law system countries. The regulations of our country's criminal law scatter in the areas of c, criminal procedure code, and the judiciary interpretation. In the General Principles of our country's Penal Code, it appeared only in Article 98 in which regulates the definition of no trial without complaint and the subject of litigating right; In the penal code of the General Principles, crime of insulting, crime of defamation, crime of interference in the freedom of marriage, crime of abusing, are confirmed as no trial without complaint. In the continental law system countries the Explanations issued by the government in June, 1998, was stipulated detailed. While, in other continental system countries, is practically ruled in Penal Code, in addition, procedure items are regulated detailed and roundly.Though, the present researching conditions about no trial without complaint's theory are not very sound in our country and the criminal law is ignored. However, it should be believe deeply that the theory about no trial without complaint's existence is necessary and strong on life. In the near future, we can predict the theory will have more essential effect, therefore I choose this as my researching area without any hesitation.This dissertation refers to the comparison between domestic and overseas criminal law, which targets as followed: The first is to research the practical...