On The Relief System Of The Victim's Right To Prosecute

In a democratic society, the right to prosecute is a basic right enjoyed by citizens. In criminal litigation, the victim is a part. However, in public prosecuting case, he/she doesn't enjoy a complete right to prosecute, and the right is mainly executed by state institute. Being different subjects which exert the right to prosecute, the state organs for legal supervision and the victim stand on different behalves. The function of the current relief procedure of criminal procedure law is so weak that the conflict between the state organ for legal supervision and the victim appears which need to be coordinated by relative relief procedure.Besides, in order to advance the efficiency of litigation, to strengthen the discretion of the public prosecuting organ is also a trend in the legislation and judicial practice of criminal procedure. But the discretion also needs supervision and restriction in case of the abuse of power. The establishment and complement is helpful to resolve the contradiction between the strengthening of the discretion of public prosecution and the right to supervise.The former two contradictions are the main topic of this paper, and such issues as the right to prosecute, the victim's right to prosecute and the relief system of the victim's right to prosecute are also involved. On this basis, the comparative study on the relief system of the victim's right to prosecute, which focused on several typical countries in Continental Law System and Common Law System, was conducted. Among these, the procedure of compulsory prosecution in German criminal procedure, and the public prosecution started by the victim in France can be used for reference in the legislation of the criminal procedure law of China.Through comparative analysis, which focused on the victim's dissentient in the stage of censor prosecution, the stage when the decision of the first trial doesn't take effect and already took effect, and on the basis of using the legislative and judicial experiences of other countries, the plan of specific relief system on the victim's right to prosecute was brought out. It has also been pointed out that the relief itself is a right, whose exertion must be limited, and takes some qualifications as precondition, and follows legal procedure.