Research On Improvement Of Private Prosecution In China

Because our country insists two kinds of prosecutions, the prosecution way of criminal case, provided for by law, is divided into two: state prosecution and private prosecution. What is more, in recent years, compared with those countries, in which private prosecution system is retained, the case scope in which victim is allowed to make private prosecution has shown an expanding tendency. Since the code of criminal procedure was amended in 1986, private prosecution system has covered more than sixty kinds of crimes. But, however, what is not matched with the expanding scope of private prosecution is that our law has not paid sufficient attention to such important problems as the refinement of private prosecution, the perfection of necessary system of private prosecution, and the interaction mechanism between public prosecution and private prosecution, which has caused that the private prosecution system can not play its unique advantages in judicial procedure, and therefore, it is difficult to achieve satisfied results which have been pre-conceived by legislators. So, nowadays, many scholars advocated the ablition of private prosecution and has public prosecution monopoly take the place of it. But, after careful analysis, it is not difficult to see that most of the reasons, which scholars put forward to support the ablition of private prosecution, are not caused by the defects of private prosecution itself, but the results of the loopholes in the existing law articles and the results of unreasonable regulations, which not only make the advantages and unique features of private prosecution not be put into practice but also bring many unhealthy side effects.This article, based on the intrduction of the contents and features of private prosecution, attempts to make a systemic analysis on the value of it, and then, arrives the conclusion that criminal private prosecution should be retained in China, and afterwards, points out the defects and loopholes in the regulations of our current criminal private prosecution, and at last, puts forward its own ideas of the legislation perfection of it.This article has four main parts in structure:The first part: The generalization of criminal private prosecution, that is, the meaning of it and the features different from public prosecution, view points of theory on the abolition and reservation of it, and the relationship between it and public prosecution.The second section: Intrduction of the criminal private prosecution legislation in some representative countries and regions, mainly German and Region of Taiwan, whose law, just as ours, is both in the continent law family and their legislation, also studied and analyzed in this paper, has a reference value to reconstruct our criminal private prosecution system.The third part: The problems in our criminal private prosecution system: respectivly in its case scope,the prosecution aspect and the trial aspect, and the analysis of their causes and unhealthy effects.The fourth part: The specific ideas to make our criminal private prosecution perfect against the defects in the third part, including adjusting the scope of private prosecution, the reconstruction of its procedures, and the trial system improvement in the case of it.