The Study Of Reconstruction In Public Prosecution Transferring To Private Prosecution

Combating crime and protecting human rights is a fundamental purpose of criminal proceedings, 1996 amendment of the code of criminal procedure, provides for a third type of dealing with the cases, that is, there is evidence to prove their personal right or property right of the victim were wrongful practices, and public security organs, procuratorial organs when criminal liability not to pursue criminals, victims can be brought directly to the people's court prosecution., private prosecution relief" ladder of mode, its nature is gives victims private prosecution right to restricting public prosecution right,, actually also formation has on "courts Division is responsible for, mutual restricting, mutual tie" combat crime in the may exists of hundred key a soothing of Department of appropriate complement.Establishment of public prosecution to private prosecution in our country is no accident, has deep historical and institutional background and practical background. Swelling of the discretion not to prosecute was clearly not suitable for the development trend of China's criminal procedure, use the channel public prosecution authority for effective regulation of private prosecution, procuratorial organs not filing and prosecution of a criminal case for further prosecution, damage to maintain their legitimate rights. Now, the groups appealing to social, serious imbalances the credibility of the judiciary, social pressure reducing valve is unable to find it. In view of this, I hope that, through the system of public prosecution to private prosecution in our country specific analysis, detailed the ins and outs, discussion on the related system and to give extraterritorial reference, analysis of China's fundamental flaws of the system design, to design a reasonable behavior patterns. This article is divided into four parts:First part for in China public prosecution go private prosecution system of connotation and causes analysis, throughout in China criminal procedure method, on public prosecution go private prosecution system expressly does not more, only has 145th section and 170th section of provisions, so we has necessary on public prosecution go private prosecution system do a clear of defined, summarized its features, rich its connotation, and on in China public prosecution go private prosecution produced of causes do specific, to formation on public prosecution go private prosecution system a generally of theory framework.Second part is the study on the outside the system. Public prosecution to private prosecution system in China essentially on the regulation of non-prosecution, so visits continental law system of regulation of non-prosecution-related legal system, is a short cut. In Germany, development of the regulation not to prosecute more than 100 years, forming a relatively complete system of compulsory prosecution. Due to the establishment of this system has a positive effect on victim protection, and civil law countries waste so to follow suit:for example, Japan's system of prosecution and prosecutorial review. France due to its own special causes the formation of a separate set of regulations system. I believe that there is a need for detailed analysis and conclusion to enhance our awareness of the public prosecution to private prosecution system of accurate, clear understanding of blind spots, lack of summary, on the basis of contact present situation of domestic specific system implementation, thus choice in favour of the country's current vision of law transplantation model.The third part of the public prosecution to private prosecution system in China and the need for reconstruction. Outside the comparison system on the basis of careful mining system of public prosecution to private prosecution in our country in difficulties and reasons of implementation. Involved in the implementation of public prosecution to private prosecution system in Procuratorate, Court, and tripartite body of the victim, author from each of the main problems encountered by induction, specific analysis. And summarized on the basis of an analysis from the public prosecution to private prosecution system entities, procedures for concluding thoughts.The last part is the reconstruction of the public prosecution to private prosecution system in China, including the establishment of the principle, specific construction system, perfecting the system of external support, so that it is able to provide detailed legal practice effective reference. This is the ultimate goal of writing of this article.