Problems And Solutions To The System Of Criminal Private Prosecution In China

Self-incriminating criminal system refers to a criminal procedure that after having been sufferred from the infringement by criminal act, the injured party may file a criminal suit in the people's courts by himself and request the pursuit of the criminal responsibilities of the infringer. Self-incriminating criminal system is the earliest and oldest litigation system in the history of criminal procedure. But with the strengthening of the state power,with the emergency and development of the principle of state prosecution self-incriminating criminal system fades and tends to be replaced by public prosecution system. But nowadays,self-incriminating criminal system plays a more and more important part in our country. As the economy develops rapidly, the gap between the rich and the poor is widening in the new era in China. Social contradictions grow in intensity.Factors leading to social instability increase year by year. With its character of inflexibility, public prosecution system is hard to ease up the social contradictions because it enforces the criminal law strictly,while self-incriminating criminal system., with its character of flexibility, can soften the rigidity of criminal law and ease up the furious social contradiction, so the development prospects of the system in China is very tremendous. But many problems That exist in self-incriminating criminal system in China, whether on legislation or enforcement are to be solved. To be affected by utilitarianism, the theory research on self-incriminating criminal system is also left out by the academic community. The research is stuck on commentaries, without sorting out the whole context of self-incriminating criminal system, the position of the system on the whole criminal litigation, and also the bases, of it etc. This paper lists many disputable problems in the practice of self-incriminating criminal, and futherly analyzesthe root of the problem on the bases of the current situation of self-incriminating criminal system which is in difficulty. The author finds that the relatively serious reasonsfor the problems in self-incriminating criminal system is:firstly, having been affected by utilitarianism, the theory research on self-incriminating criminal system is left out by the academic community. The lack of further research on basic theories of self-incriminating criminal system causes the thoery of self-incriminating criminal can not lead the legislation; Secondly, the criminal legislation, that only values view of the state and ignores the view of social public,makes the self-incriminating criminal system conflict with the traditional social culture. Without the bases for compliance, it is difficult to be enforced;Thirdly, there exist the deficiencies in the judicial system, such as administrative trial, the idealized design on enforcement objects. The lack of operability of the system makes the dualization of judicial even more serious. Aiming at the problems emerging, the author brings forward that to consummate and develop self-incriminating criminal system, we should start with the theory research on it, adopt the fruit of the theory research on self-incriminating criminal around the world, in combination with the actual social situation of our country, to solve the basic problems existing in self-incriminating criminal system, sort out the whole context of self-incriminating criminal system, position the system on the whole criminal litigation precisely, clear the limit between private prosecution cases and public prosecution cases, respect and restrict appropriately the right of choosing private prosecution of the injured party, and establish the judicial procedures according to the character of private prosecution cases. For instance, we should import mature litigation system from foreign countries such as mediation system conciliation system for criminal,and take-on system for self-incriminating criminal,etc. to advance the consummation of self-incriminating criminal system in our country, and take more effective advantage in practice.