Research On The Reform Of Criminal Private Prosecution System

China's criminal prosecution consists of public prosecution and private prosecution.It is mainly public prosecution,supplemented by private prosecution.Not all cases can be private prosecution,only a small number of cases with less serious circumstances and less social harm.However,there are many practical difficulties and disadvantages in the current private prosecution system,which results in that the rights and interests of the victims of private prosecution cases cannot be protected in a timely and effective manner.This paper intends to truly reflect the implementation of the current practice through the relevant problems in the actual operation of the private prosecution system,and find out some problems that need to be solved in the operation process of the current private prosecution system Put forward suggestions for reform.This paper consists of four parts.The first chapter introduces the overview of the criminal private prosecution system,including its basic concept,theoretical value,and the investigation of the criminal private prosecution system in foreign countries and Taiwan,as well as the significance for our country.It is found that the national prosecution crime is established as a basic principle,and the protection of the victims is gradually strengthened.More and more systems pay attention to the victims In the field of protection,there are many systems set up to protect the victims,such as the private prosecution system studied in this paper.Chapter two introduces the current situation of criminal private prosecution cases(which are the three types of private prosecution cases stipulated by the law in China)and some problems in practice.For example,the number of private prosecution cases is low and the types are unbalanced,the ability of private prosecutors to obtain evidence is weak,the legislative expression is vague and not rigorous,the defendant absconds in private prosecution cases,and the system of public prosecution transferred to privateprosecution is falsely placed;chapter three introduces the theoretical value of the criminal private prosecution system,and the opinions and reasons for whether the system retains the theoretical circle.Although the system has been controversial and criticized,but the abolition of the system can not be achieved overnight.After reading a large number of documents,judgments and statistical data,I still suggest to modify and improve the system on the basis of the current,but to narrow the scope of private prosecution.Chapter four,suggestions to improve the criminal private prosecution system in China,respectively,make a detailed plan for three types of cases,and hope to establish more Yuan's dispute resolution mechanism,actively building a diversified solution to social conflicts,enables private prosecutors to have more choices in the face of disputes,not only through litigation,for example,through public security mediation,community people's mediation and other ways to resolve disputes,reduce the waste of judicial costs,and reduce the litigation burden of the parties.