Study On Crime Of Private Prosecution In China

Crime of private prosecution is one of categories in criminal legislation that handle only with complaint,according to prosecution condition in criminal law of continental law system. It Injury minor legal interest of citizens, and has an important value of legislation on free, humility and benefit.Although criminal law circles of our country have made some studies on crimes of private prosecution for recent several decades, many scholars wrote articles on this discussion, these efforts are too scattered and mostly focused on comparison and reference of these crimes with few discussion on systematic research on crimes of private prosecution. It is important to complete our criminal procedure law, make systematic research on crimes of private prosecution. For this reason, based on existing research fruits and from its existent value, this article tries to provide a systematic expatiation on designing our system of crimes of private prosecution to make a contribution to theory and practice.This article is divided into four parts:The first part discusses its legislative content of crimes of private prosecution. The author analyze the feature of crimes of private prosecution,then compare the legislations and point out their vantage and shortcoming, combining the criminal law of the countries belonging to continental law system. Make the conclusion that it is inevitable face to dilemma in practice.The second part provides a detailed discussion on application dilemma of crimes of prosecution. It is including of unreasonable law with criminal compensation; the difficult of identified with surrender; defect of start program; lake of limitation with prosecution.The third part take apart of the reason that caused dilemma about private prosecution crimes. This part focuses on defect of law;uneven quality of judicial officers;lack of social attention to crimes of prosecution.The fourth part discusses the way to deal with the problem, combining judical practise. The recommendations includes:Expand the scope of criminal compensation; add legislation to surrender; improve the way of prosecution to protect the right of appeal; add legislation to limitation with prosecution; Expand the scope of legislation with crimes of prosecution; introduce criminal mediation. Perfect our legialation and at the same time make a more flexible solution system, to achieve the legislative value of Crime of private prosecution.