Research On The Crime Of Proclaiming

The Crime Handle Only Without Complaint refers to the crime which dealt only under the condition that the legally defined complainant has raised the case.It exists for a long time,its development has experienced a process of continuous exploration,with the development of society and civilization of the rule of law and punishment within the scope of the world trend of mitigation,many countries are expanding the scope of the crime,the contents of the crime has to be perfect.The Crime Handle Only Without Complaint in China, has a long history and tradition. it is conformed with both the modesty of the criminal law and in line with China’s criminal policy of combining punishment with leniency requirements.Not only in the protection of the interests of the victim play a decisive role, but also greatly save the judicial resources.Because of various reasons, academia research not in-depth. There are still many problems on legislation in our country.Such as the range of crime to be handled only with complaint is too narrow、only the provisions of the five charges 、 compared to the foreign regulations less and less、limitation of action dear missing also led to the victim the rights and remedies of barriers to action in the program. It also has some drawbacks in procedural such as the single litigation mode、predicament caused by the indictment lodge、narrow channels for relief of victims.In order to better protect the legitimate rights and interests of victims in The Crime Handle Only Without Complaint, further improve is necessary. Combined with the judicial practice in our country, and draw lessons from foreign legislative experience,the legislative suggestions are as follow:First,minor criminal cases with clear evidence、close relatives of theft 、 rape in couples 、 the crime of violation of freedom of communication、the crime of negligence causing serious injury should be included the scope of the crime;Second,through the improvement of prescription system of action to further protect the victim dear tell right; from the change of litigation mode and solve the two aspects of Judicial Dilemma to improve the public prosecution procedure in program;At last,to protect the legitimate rights and interests of victims by widening the way of relief to the victims, to get timely and effective compensation.