Study On The Procedure Problem Of Transferring Private Prosecution To Public Prosecution Case

With the development of society and the progress of the rule of law,the number of cases of private prosecution to public prosecution in China has gradually increased.Through empirical research,it is found that in China’s judicial practice,there are problems such as different practices in the process of private prosecution to public prosecution,insufficient enthusiasm of judicial organs to participate,and confusion in the connection procedures between private prosecution cases and public prosecution cases.The reasons for this are related to the unclear status of private prosecution and public prosecution in China’s criminal proceedings,unclear specific application conditions for private prosecution to public prosecution cases,unclear powers and responsibilities of judicial organs,and lack of connection procedures.On the basis of drawing on the experience of relevant foreign systems and taking into account China’s actual conditions,we should improve the procedures for private prosecution to public prosecution cases in terms of clarifying the principle of giving priority to public prosecution,improving the specific application conditions for private prosecution to public prosecution cases,clarifying the responsibilities of judicial organs,and establishing procedures for connecting private prosecution cases to public prosecution cases.The specific content is described as follows:The first part provides a comprehensive overview of the procedures for private prosecution to public prosecution cases in China.The basic concepts and relationship between private prosecution and public prosecution are introduced,the legitimacy of the procedures for private prosecution to public prosecution cases in existing domestic research is reviewed,and the meaning and significance of the procedures for private prosecution to public prosecution cases are clarified.In the second part,the method of empirical research is used to collect statistics and analyze the cases of private prosecution to public prosecution that occur in practice,and it is found that there are problems such as different practices in the current procedures of private prosecution to public prosecution,less participation of judicial organs,and controversy in the connection procedure.Through the study,it is found that the main reasons for the problems in the procedures of private prosecution to public prosecution cases are: unclear status of private prosecution and public prosecution,unclear specific application conditions,unclear powers and responsibilities of judicial organs,and lack of bridging procedures.The third part examines relevant systems inside and outside the region,such as Japan,Germany,the United Kingdom,Russia and Chinese Taiwan,aiming to learn from and draw on excellent legislative experience inside and outside the region on the basis of China’s specific practice.It summarizes the enlightenment that China’s procedures for private prosecution to public prosecution cases should conform to the development trend of the world litigation model,attach importance to the protection of victims’ rights and interests,strengthen the participation of judicial organs,and reasonably limit the scope of private prosecution to public prosecution cases.The fourth part puts forward specific suggestions for improving China’s procedures for converting private prosecution to public prosecution cases.Including clarifying the principle of giving priority to public prosecution,improving specific application conditions,clarifying the responsibilities of judicial organs,and establishing bridging procedures,etc.,it aims to provide useful references for improving the theory and practice of China’s procedures for private prosecution to public prosecution cases.