Defect And Reconstruction Of Public Prosecution Transferring To Private Prosecution

Article 145 and the 3rd paragraph of article 170 of current criminal procedure law of our country regulate"the system of public prosecution transferring to private prosecution", through giving the victims private prosecution right to realize the law relief and the victim's restriction to the public security. The revision of criminal procedure law in 1996 has set up a system to solve the practice invading the victim's rights and interests. The legislative original idea is good, but a series of problems exist no matter in theory or in practice in this system. It is difficult to exert really function. From strengthening the victim's human rights and restricting the power of prosecution, this text proposed cancel"the system of public prosecution transferring to private prosecution", constructing the mechanism of justice administration to the prosecute decisions, in foundation of investigating, evaluating and analyzing the meaning countries of France, Germany , Japanese, and has proved the necessity and value of setting up this system. Subsequently, the paper learns lessons from France, Germany , Japanese the marrow of legislate and practice and has combined in the detailed conditions of our country, has bring forward the concrete design program in constructing the justice administration in China. The full text is divided into six parts together.Part one : Introduction. Have summarized the issue background of"the system of public prosecution transferring to private prosecution"and the research direction of this text.Part two : Article speaks from our country's legislation, all-sided analyze the defects of"the system of public prosecution transferring to private prosecution", points out this system has fundamental defect , and must be reconstruct.Part three : From legislate and practice aspects, the paper review civil action starting the criminal action procedure in France, compelled prosecution procedure in Germany, allow prosecution procedure in Japanese, detailedly introduced correlative system.Part four : In foundation of estimating correlative system of France, Germany and Japanese, compare with our country's relevant regulations, points out the deficiency of designing in our country.Part five : Strengthening the victim's rights and restricting the power of procurator as the breakthrough point, the text bring forward to reconstruct"the system of public prosecution transferring to private prosecution", sets up the victim's justice administration application system . And has proposed concrete design program.Part six : Conclusion. Points out that take advantage of the opportunity that the criminal procedure law revises , this problem to be studied has important meaning.