Study On Crimes Of Private Prosecution

Crime of private prosecution is one of categories in criminal legislation and is a basic form of crimes. Although criminal law circles of our country have made some studies on crimes of private prosecution for recent several decades, especially this kind of crimes was paid more attention after 1997 and 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, especially on some underlying issues such as its existent theoretical value and practical value. However, systematic study on crimes of private prosecution is not only helpful to improvement of our criminal law theory, but also to improvement of criminal legislation and judicial practices. 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 three parts excluding introduction and conclusion with 49,000 characters in total, including 8,000 characters of notes. The first part discusses its existent value of crimes of private prosecution. Taking the basic theory of value and value orientation as a cut-in point, this part holds that: Firstly, between order and freedom, a rational criminal law shall maintain social order with minimum criminal sanctions and reserve maximum private freedom for citizens. Power of state shall not be allowed to intervene into the life of social subjects. The provision of crimes of prosecution letting interested parties to settle down disputes by themselves will not impair the integral interests of society, but can display respects for private freedom and private choice at the same time. Additionally, the provision of crimes of private prosecution satisfies the demand of local society. Secondly, between justice and efficiency, the scarcity of judicial resources possessed by a country requires a reasonable and effective configuration of judicial resources, while the hypothesis of a rational economic man determines that subjects under conflicts do not expect exerting comparatively higher material costs with litigation to win back comparatively lower interests in a judgment. Establishing the system of private prosecution crimes not only can meet the demand of scarcity in a country's judicial resources, but also can satisfies victims'pursuit of the value of efficiency. Therefore, it can satisfies citizens'and society's demand for justice, freedom and order with minimum manpower, material resources and financial resources within a shortest term and at a highest extent.The second part provides a detailed discussion on application scope of crimes of prosecution. Based on harmfulness of an offence and evidence inducing capability of an offender as definition standards, with research methods of comparison and case study, this part makes a theoretical analysis on application scope of crimes of private prosecution in our country. Moreover, taking specific identity between offenders and victims and particular damages caused by offences as standards, it proposes a preliminary classification of crimes of private prosecution. The third part makes an initiative attempt on proceedings of private prosecution crimes. This part focuses on and sets up systems of persons with right of private prosecution, prescription, surrender and withdrawal of complaint under crimes of private prosecution in our country.