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Study Of The Criminal Private Prosecution System

Posted on:2004-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:D WuFull Text:PDF
GTID:2206360092986514Subject:Procedural Law
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Private Prosecution was a very old mode of indicting and had been for several thousand years. When System of public prosecution was dominate in Criminal Prosecution whether reserved Private Prosecution or not, countries had adopted two different attitudes in the world. One is ism of country prosecution monopolization, criminal prosecution was taken charge by special organ. The other is taken ism of country prosecution monopolization and ism of victim prosecution at the same time. But in the countries of reserving System of Private Prosecution, Private Prosecution was only used in fewness criminal cases and we should never ignore its meaning of crime prosecution.In our country's criminal proceedings, public prosecution is the main form of prosecution and private prosecution is on the side. Criminal Procedure Law in 1996 has expanded the area of private prosecution so greatly that the position and role of private prosecution is promoted ostensibly. More and more problems crop up and cry for solutions of private prosecution.Chapter One, foreword, this charter collectively introduces the System of Private Prosecution.Chapter two, the analysis of jurisprudence of System of Private Prosecution, this charter discusses System of Criminal Private Prosecution in four aspects of the producing of Criminal Private Prosecution, the quality of Criminal Private Prosecution, the requirement of Criminal Private Prosecution and the requirement of Criminal Private Prosecution in our country. Its emphases are the quality of Criminal Private Prosecution and the requirement of Criminal Private Prosecution.Chapter three, the relation between the right of Private Prosecution and the right of public prosecution, this charter discusses the relation in three aspects of meanings compare of the right of Private Prosecution and the right of public prosecution, conflict and adjusting and the relation between the right of Private Prosecution and the right of public prosecution in our country.Chapter four, analysis of immanence values of System of Criminal Private Prosecution. Immanence values of System of Criminal Private Prosecution was inthe person of the following three aspects: benefit value and order value and freedom value. Chapter five, analysis of circulating and guaranteeing of Private Prosecution, this charter firstly analyses circulating, emphases on the problems of instituting, area of cases, prove duty. Then it discusses the guaranteeing of Private Prosecution and brings out suggestions of legislation.Chapter six, problems and consummating of Criminal Private Prosecution in our country, this charter discusses polestar, operating, cognizance produce surprising of cognizance and circulating of Private Prosecution in our country. It points out problems of System of Private Prosecution in our country and brings out some suggestions of legislation.Chapter seven tags.
Keywords/Search Tags:Prosecution
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