Font Size: a A A

Research On The Scope Of Criminal Private Prosecution Cases

Posted on:2012-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:J P DongFull Text:PDF
GTID:2166330338460099Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Private prosecution is a very old mode of indication,which set up several thousand years ago.when system of public prosecution was fully established and dominated in Criminal Prosecution,there are two different attitudes about the necessity to reserve the Private Prosecution in the world.One is that Prosecution Power rests only with the state which monopolizes the Prosecuting Power,and the other is that Public Prosecution dominates with Private prosecution as a supplementary instrument.The development trend around the international range,is that Public Prosecution is expanding and the private prosecution is shrinking.Contrary to this,the system of private prosecution is being strengthened in our country frequently.The Criminal Prosecution Law of 1996 has expanded the scope of the cases of private prosecution,which initiates a lot of troubles need our concern in the lawsuit theory and judicial practice.The scope of Criminal Private Prosecution cases, to discuss what type of cases suit for Criminal Private Prosecution cases, in other words,it is that victims have the legal right of prosecution, the court in criminal cases directly accepted it. Correctly define the scope of Criminal Private Prosecution cases, not only clear the powers and responsibilities of the judiciary, to prevent buck-passing of various departments, but also conducive to timely resolution of disputes between the parties, to safeguard their legitimate rights and interests. If the scope of Criminal Private Prosecution cases obscure, the division of the judiciary is not clear, resulting in waste of judicial resources ,the more serious consequence is the legal rights of victims can not get timely relief, seriously affecting the credibility of the establishment of justice. This fully demonstrates the scope of Criminal Private Prosecution cases on the basis of established principles, trying to ajust the scope of Criminal Private Prosecution cases to protect the interests of the victims, and improve the efficiency and credibility of the judiciary. First of all, I show the form of articles in the history and analysis different countries adopt different modes of action, summed up the basic forms of action the law of development. I believe that with the development of the law, Public Prosecution replaces the Private Prosecution is the inevitable development and progress of the rule of law, however, replacement is not unconditional, it is to compensate private right of public power, that respect and protection of private rights principle, to meet the deprivation of private rights of private right and not as a precondition, but also on non-public power above private right. So we can see today Public Prosecution monopoly are mostly taken by the welfare state. When the public authority can not meet this point, unable to set foot on the right of the corresponding space, or the parties private prosecution can only be called laissez-faire doctrine and other principles to deal with the relationship between state and individual. The reason why our country did not take Public Prosecution monopolies, recognizing private prosecution, and even to some extent there is a tendency to expand the scope of private prosecution, the deep reason for this is China's national strength in the fight against crime when the victim can not provide adequate and effective protection, in particular For direct personal interests of victims concerning a minor crime, and the state to combat crime in the form of indictment, when the interests of victims can not be well respected and maintained. In this context, the existence of private prosecution is particularly necessary. Related to the individual citizens against the real interests and the interests of society as a whole is little risk of the cases, the right of action by individual citizens, compared to the national initiative to prosecution, it is more conducive to safeguarding the legitimate rights and interests of individuals. Adjust the scope of private prosecution part of the idea, the premise of this theory is carried out. I believe that can occur in families of all social order among the little risk of crime, are incorporated into the "non-divisions and ignored" the context of the case; on the second category of private prosecution, is still out of protection of the rights of victims , was placed under indictment should do some processing of cases; case of private prosecution against a third class setting is not conducive to the interests of protection of the victims, the author advocates the repeal of the private prosecution, the victim applied for judicial review of building systems.
Keywords/Search Tags:criminal procedure, private prosecution, sope of private prosecution cases, establish bases
PDF Full Text Request
Related items