Reconstruction Of The System Of Criminal Private Prosecution Under The Background Of Judicial Reform

In recent years,China strives to build a country ruled by law.In the field of criminal justice,many new norms and policies from the entity to the procedure have been introduced,which has aroused hot discussions from all walks of life.Academics and practical circles have ushered in a golden age of discussion on both research and practice.However,it is interesting that the focus of both legislation,judicial circle and academia is mostly the reform closely related to the public prosecution system,such as "trial as the center","leniency of guilty plea","fast-track sentencing procedure" and "trial by default".Relatively speaking,the criminal private prosecution system gets less attention.In the face of the social reality of litigation explosion and crime becoming more and more intelligent,hidden and complicated,procedural diversion and improvement of litigation efficiency are the trends,while the complicated criminal court hearing will become more and more elaborate and the antagonism between the accused and the defense will become stronger and stronger.Under the background of significant changes in the procedure of public prosecution cases,the value of the legislative design of the criminal private prosecution system has also been greatly impacted.How to adapt to the background of judicial reform and ensure that the private prosecutor and the defendant not only enjoy substantive justice,but also feel procedural justice is the issue discussed in this paper.This paper analyses the growing trends of criminal private prosecution system,based on norms,practice combined with case data and others.The full text is divided into four chapters,the details of each chapter are as follows.Chapter 1 combs the concept and characteristics of the system of criminal private prosecution,reviews its historical evolution process with time as the coordinate axis,and discusses the survival value of the system of private prosecution.Chapter 2 summarizes three modes of criminal proceeding,and cites four typical countries and regions as examples,to analyse the extraterritorial legislation and practice of criminal private prosecution system.This part also evaluate the growing trends in the world,providing reference for the reconstruction of criminal private prosecution system in China.Chapter 3 focuses on the legislative defects and practical dilemmas of China’s criminal private prosecution system,summarizes the problems by combining relevant data of criminal private prosecution cases and typical cases in practice,and analyzes the controversial points of the existence of the criminal private prosecution system.Chapter 4 summarizes the above,analyses the contradictions between the current judicial reform and criminal private prosecution system,and the impact of the new litigation system in recent years.This part also analyses the realistic possibility of abolition of criminal private prosecution system.This part put forward suggestions on the reform of criminal private prosecution,including reclassifying the scope of three types of private prosecution cases and improving procedural regulation,establishing the procedure of transferring private prosecution to public prosecution,criminal private prosecution supporting system,etc.By these approaches we can make the system’s operation more efficient under the background of judicial reform,balancing the value of fighting against crime and protecting human rights.