Research On The Scope Of Criminal Private Prosecution Cases

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 Procedure 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 private prosecution cases is the essential problem which must firstly be faced and solved in private prosecution. The necessity of existence of the private prosecution cases in a certain limitation can be analyzed involving the following four aspects: Protecting the victim's legal rights and interests fully; Safeguarding Social whole benefit; Remedying the right of public prosecution; and disposing judicial resources effectively. Establishment of the scope of private prosecution cases in our country must according to those bases in theory that the Marx's Materialism Dialectics, the influence of Chinese traditional historical culture and moral values and the idea of parties right protects and the practice characteristic that the cases of private prosecution there should be. Combining the definition of overseas and China Hongkong Macao Taiwai area's private prosecution case,through the introspection to the legislative stipulation about the scope of private prosecution cases of our country, the defects of the scope of private prosecution cases can be found that the demarcation between private prosecution and public prosecution is blurry; there are unreasonable places in the definition of the scope of private prosecution case; the scope of private prosecution case is too expanding. To the above-mentioned situations, we should adjust the scope of private prosecution case in our country: define the scope of the first type private prosecution case again; Carry on the further stipulation to the second type of private prosecution case; cancel the third type of private prosecution case, establish the victim apply for the system of judicial review.