Reform Of Criminal Private Prosecution

The thesis starts from the concept, characteristics, history evolution and traditional rationale and the value basis of the criminal private prosecution system. And then the author introduces the system and reformation of Taiwan, Hong Kong, Macao and other countries briefly. The thesis holds the opinion that the substitution of the public prosecution for the private prosecution is the main tide and the developing trend of the criminal prosecution all over the world, and the right to charge crime will transfer to national hand from the victims' gradually with the strengthen of protection to the victim in the course gradually. And then, the author introduces the actuality of the criminal private prosecution system in China, and analyses its loopholes. Proceed, the author brings forward that, as for the long-term, our country should cancel the system of the private prosecution step by step, although the system still has some values in actual judicial practice in our country at present; and put public prosecution monopoly into practice, and argues the necessity and the feasibility of abolishing private prosecution in detail. At last, the author puts forward the procedure of "a target finally, the reformation step leaking from two steps", and some tentative reform measures in the process.Except the preface and epilogue, the thesis is composed of three parts altogether:The first part relates to the fundamental theory of the criminal private prosecution system. In this part, the author has discussed the concept, characteristics, history evolution, the tradition rationale and the traditional value basis of the criminal private prosecution system.The second part relates to the introduction of the system of foreign countries, Taiwan, Hong Kong and Macao in rough. In this part, the author introduces the situation and the reformation of the criminal private prosecution in the foreign countries and areas which still reserve the criminal private prosecution system at first. Then, the author introduces the way of prosecution of the crime in some countries such as American, Japan, France, Italy, which have put the monopolizing doctrine of public prosecution into practice. Finally, the author details some enlightenments inspecting the above-mentioned countries and regions in connection with the criminal private prosecution system, namely, the private prosecution system is shrinking gradually within world range, and it is the necessity and historical trend to put public prosecution monopoly into practice, and the need to carry out corresponding supporting reforms after abolishing private prosecution to committing crime.The third part is related to the reformation on the system of the criminal private prosecution in China. Firstly, the author introduces the current situation of the system of the criminal private prosecution and analyses some flaws of the current system briefly. Then, combining with development history of the criminal private prosecution system, the reform and development of the system in Hong Kong, Macau and Taiwan area and the abroad, the author believes that the system still has some values in actual judicial practice in our country at present. Finally, the author argues the necessity and the feasibility of abolishing private prosecution in detail, and suggests that we ought to cancel the system of the private prosecution system and put public prosecution monopoly into practice in the long run, although the system still has certain practical or immediate significance in actual judicial practice of our country. According to the concrete conditions of our country, the author considers that we can't achieve a goal in one leap, and we should take two steps to abolishing the system. The first step is that we should revise and perfect the current criminal private prosecution regulation and take some measures to solve the flaws, such as contracting the range of private prosecution cases, building-up private prosecution assume system and the victim judicial review application system. The second step is that we should abolish the of private prosecution system and perfect a few relevance system further.