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Study Of Criminal Private Prosecution In Our Country

Posted on:2006-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:H M XieFull Text:PDF
GTID:2166360155467735Subject:Law
Abstract/Summary:PDF Full Text Request
In the society of ancient times, the individual charges is a main prosecution way. When system of public prosecution was dominative in Criminal Prosecution, whether reserved Private Prosecution or not, countries had adopted two different attitudes in the world. One is ism of country prosecution monopolization; the other is taken ism of country prosecution and ism of victim prosecution at the same time. In our country's criminal proceedings, public prosecution is the main form of prosecution, and private prosecution is on the side. The pattern is relative to our tradition of law and concrete national conditions. The new Criminal Procedure Law has expanded the area of private prosecution so greatly that the position and role of private prosecution is promoted ostensibly. On the other side, the enlargement of the case of private prosecution has caused the conflict of lawsuit theory and administration of justice. So more and more problems need to be solved. The thesis have analyzed it and put forward the corresponding legislative suggestion in five charters, including introduction, the requirement of Criminal Private Prosecution in our country, the relation between the right of Private Prosecution and the right of Public Prosecution, problems and consummating of Criminal Private Prosecution in our country, and support mechanism in its operation.
Keywords/Search Tags:Private Prosecution, The right of Private Prosecution, The right of Public Prosecution
PDF Full Text Request
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