Study On The System Of Dealing With Criminal Litigation

The establishment of the system of “to be handled only upon complaint” is to prevent the excessive abuse of public power and damage the legitimate rights and interests of the victim.The existence value of the private prosecution procedure is to restrain the passive inaction of the public prosecution and make the victim's willingness to pursue the defeat.Therefore,the procedure of “to be handled only upon complaint” is not the same as the private prosecution procedure,and there is no necessary connection between the two.On the contrary,the nature of the “ to be handled only upon complaint” should be the litigation condition,which is used in the public prosecution to restrict the abuse of public prosecution.In China,although the Criminal Law clearly stipulates that five kinds of crimes apply to the system of “ no trial without complaint”,and gives the victim the right to pursue criminal responsibility,in the Criminal Procedure Law,the victim's right to tell is defined as private prosecution.In principle,The investigation agency is not allowed to intervene,which provides an inefficient self-help mechanism.From the explanation and analysis of the text,the current legislation in China has a misunderstanding of the system of “to be handled only upon complaint”,and interprets the “telling only the handling” as “the handling of the private prosecution” and adopts doctrine of absolute private prosecution.This absolute private prosecution model has many problems in judicial practice,such as the problem of prosecution mechanism,the difficulty of switching between public prosecution and private prosecution,the lack of proof ability of private prosecutors,the low conviction rate of telling cases,and the unclear division of labor of public prosecution law organs.In view of the above problems,this paper combines the current judicial status,and draws on the experience of extraterritorial legislation,and puts forward corresponding suggestions for improvement,in order to reconstruct the system of “to be handled only upon complaint” in the legislative level,so that it can return to the original intention of the legislation,and achieve the purpose of punishing crimes and protecting human rights.The full text is divided into four parts in addition to the introduction.The first chapter is to tell the summary of the processing,the historical origins of the processing,the interpretation of the text,and the relationship between the telling and processing,the ignorance of the relationship,and the justification of the existence of the system in China.In the justification,according to the author,the author believes that the handling system has many problems such as making up for the inadequacy of the public prosecution system,saving limited judicial resources,inheriting the culture of non-litigation in China,and reflecting the psychology of relatives and hidden litigation.The second chapter investigates and analyzes the similar systems outside the domain,draws lessons from them,and provides an important reference for improving the system of telling talents in China.Among them,the most representative countries and regions are selected,namely,the countries that implement the public prosecution monopolism;Japan and France;and the representatives of the public prosecution and private prosecution mode: Germany,Russia and Taiwan.The third chapter is about the investigation and induction of the status quo of legislation and judicial affairs in China.Through the China Referee Document Network,the judging documents of five types of prosecution cases in recent years were randomly selected.After data collation and statistics,the forms were analyzed and the dilemmas of the system in judicial practice were put forward.These include the issue of prosecution mechanisms,the difficulty of proofing by private prosecutors,and the dilemma of jurisdiction.In the fourth part,the author puts forward some Suggestions on how to solve the dilemma of the system from three aspects: establishing the dual mode of prosecution and private prosecution,establishing the auxiliary system of evidence collection and improving the jurisdiction.