Systemic Design For Inspecting Authority's Actio Popularis

The definition of inspecting organ's actio popularis is: inspecting organ's actio popularis, is also called inspecting organ's claim to measurement of penalty, and it is a kind of judicial claim that the inspecting organ puts forward concrete claim to the defendant's measurement of penalty to the judicial organ while the public prosecutor, as the representative of inspecting authority, brings forward a definite claim to the defendant's criminalization in the criminal procedure. Inspecting organ's actio popularis is divided into two kinds according to different levels of definition of the claimed content in the procedure of actio popularis: concrete actio popularis, and abstract actio popularis. Abstract actio popularis means when the public prosecutor institutes public prosecution or appear in court to support public prosecution after alleging the criminal facts, it only generally request the court to prosecute the defendant's criminal responsibility according to relevant legal articles, and does not clearly mention the concrete kinds of punishment and period of punishment. The attribute of actio popularis includes: it is a kind of criminal power to prosecute. It is a kind of judicial claim of right. It is a kind of procedural power.The jurisprudential foundation of actio popularis could be concluded: on the principle of criminal relationship and procedure, the inspecting authority's actio popularis is just. On the restraint principle of power, inspecting organ's actio popularis is necessary.The legal basis of actio popularis is: both the rights of defense of defendant and defender on measurement of penalty and the claim to measurement of penalty executed by the public prosecutor is logical, therefore, the actio popularis is not integrated right of public prosecution and right of defense. It is illogical that the public prosecutor only asks for criminalization other than looking into its criminal responsibility, or the defender does not ask for lesser punishment of reduce punishment. Therefore,...