The Perfection Of The Crime To Be Handled Only Upon Complaint In The Field Of Value

The crime to be handled only upon complaint is a crime that takes prosecutor's statement as the requirements, in other words, the injured party appeals to the court to deal with it according to the stipulation in explicit terms of Constitution. The article first introduces the historical reform and the development in the world. Comparative analysis shows that the crimes to be handled only upon complaint has the profound theoretical basis, although it is a small part in the criminal law . Then it emphasizes the gist of principle of law, that is the value of freedom, modesty, and benefits that the crimes to be handled only upon complaint manifests. The significance of value can be embodied through the judicature cases. The article elaborated present defects in the operation, and points out the legislation of this crime should be improved under the value. Finally , this article put forward a new idea of the rehabilitated judicial process to improve the legislation of this crime. On one hand, it can sovle the demerit of the legislation of this crime , on the other hand it offers a more flexible solution ,and finally make the value of the criminal law achieve. The article is divided into five chapters to carry on the elaboration:. the basic meaning and the current situation of the crime to be handled only upon complaint is explained in introduction,.In Chapter one, the author illustrates the origin of this crime, the historical development of it and the reason for which it is still the essential component of the structure of criminal law after the division of criminal law and the civil law.In Chapter two , the author states the legislative development of the crime in different countries and different law systems, and then makes a introspection upon the current situation of the crime in China,.In Chapter three, it focuses on the value of the autonomous-complaint crime in the view of criminal law , which are separately called the value of freedom , modesty and efficacy in the criminal law.In Chapter four, the shackles and restrictions of current private prosecution towards crime rules is laid out , and the issues which needs to be improved are explained.In Chapter five, the writer brings the judicial process of rehabilitation into thesystem of the crime to be handled only upon complaint in order to make the relief mechanism perfect.