Research On Public Prosecution Transferring To Private Prosecution

When the Code of Criminal Procedure amended in 1996, the victims were referred to the position of the criminal litigants the first, and a corresponding increase in a number of practical procedural rights such as the content of the law, strengthen legal protection for victims. Article 145 and the 3rd paragraph of article 170 of current criminal procedure law of our country regulate" the system of public prosecution transferring to private prosecution". Article 145 and the 3rd paragraph of article 170 of current criminal procedure law of our country regulate" the system of public prosecution transferring to private prosecution", through giving the victims private prosecution right to realize the law relief and the victim's restriction to the public security. The revision of criminal procedure law in 1996 has set up a system to solve the practice invading the victim's rights and interests. The legislative original idea is good, but a series of problems exist no matter in theory or in practice in this system. It is difficult to exert really function. From strengthening the victim's human rights and restricting the power of prosecution, this text proposed cancel "the system of public prosecution transferring to private prosecution" constructing the mechanism of justice administration to the prosecute decisions, in foundation of investigating, evaluating and analyzing the people supervision system and has bring forward the people's supervisor system and the criminal damage consumption system in China.The full text is divided into three parts together.Part one:Article speaks from our country's legislation, introduce the system of public prosecution transferring to private prosecution.Part two:All-sided analyze the defects of "the system of public prosecution transferring to private prosecution", points out this system has fundamental defect, and must be disestablished.Part three:Strengthening the victim's rights and restricting the power of procurator as the break through point, the text bring forward to reconstruct "the system of public prosecution transferring to private Prosecution", sets up the people's supervisor system and perfects the criminal damage consumption system. And has proposed concrete design program.