The Basic Research On The Problem Of Case Accepted At Complaint

The legislation of case accepted at complaint hasn't adjusted to the jurisdiction perfectly. The legislation of case accepted at complaint could be found in"criminal law", in the section 87 of it which was carried out in 1979, said"the case accepted at complaint is that handling a case only when the victim files a complaint, if the victim couldn't file a complaint because of being enforced or threatened, People's Procuratorate and near relative of victim are also able to file a complaint."The code defined the subject of filing complaint in this case, emphasizing that public prosecution only be started in some special situation, just as victim has be enforced or threatened. The article 13,§1 of code of criminal procedure in 1979, provides that"People's Court accepts case accepted at complaint and other minor criminal case directly, and then may use conciliation procession."The article 2 of < specification of procession for judge the criminal case> drafted in 1994, provides"in the case of accepted at complaint, if the victim couldn't file a complaint because of being enforced or threatened, the People's Court could accept the file which intimated by the People's Procuratorate and near relative of victim. If the victim is a person with no capacity or with limited capacity, and can't file because of old, ill, deaf, dumb, blind and other reasons, the near relative of him or she could file the complaint. In this situation the near relative ought to provide the proof of the relation and the fact of the victim."The provision of case accepted at complaint in article 98 of drafted in 1997 is similar to drafted in 1979. The legislation considers the case accepted at complaint as case of private prosecution, for the cause of the case are always contradictions among the people, and always are minor criminal cases, so the case should be settled softly, and public power is carefully used in this case. Just in some special situation that the victim couldn't file a complaint, the People's Procuratorate institute prosecution, and the public power interfering in. provides the case accepted at complaint generally, just prescribe the subject, and don't definite the legal nature of the problem. There are some phenomena in juridical practice that the victim couldn't protect the right, even the bodily rights, democratic rights and property rights are violated, because the victim couldn't put to the proof perfectly without the investigation by the public security organ. The drafted in 1997 don't provide the subject fully; in some special situation there hasn't proper subject. The drafted in 1979 hasn't crime of encroachment, the problem can just be handled by ; The drafted in 1997 provides the crime of encroachment which is regarded as case accepted at complaint, in some degree the provision declines the effect to protect separate property. So the author analyzes the law by cases to find out their cruxes with the abundance practical experiences in order to put forward the relative suggestions to discuss by the experts.The whole text is divided into five parts. Part One is that the pondering over the several classic cases; Part Two is that the summary about the case accepted at complain including the meaning, the historical development, the signification of it; Part Three is that the social focuses about these sort of cases and the analysis of the current regulations including the legal characters, the conditions about the other subjects about these cases and the limits, the defining about the embezzlement and the legal opposition of the prosecutors; Part Four is that the outlooks about these cases, the perfecting methods about these legislations which is including the theory of negative criminal investigation, the conditions of the prosecutors as the demands of investigation, the additional subjects such as the committees in villages and in neighborhoods, the serious embezzlement as the public prosecutions and the legal position of prosecutors as the both self-prosecution and public prosecution characters; and the last part is the conclusion.