Study On The Scope Of Crime Handled Only With Complaint

Crime handled only with complaint, contrasting to crime handled even without complaint, is classified according to prosecution condition in criminal law of continental law system. It refers to the crime which bases on people who have the right of complaint to prosecute. The law about this kind of crime is very valuable, whether in ancient China or the contemporary all countries (regions) of the criminal legislation, the provisions are relatively complete, but the contemporary law about this kind of crime in our legislation covers too narrow, and relevant theoretical research is weaker. For fully playing the legislation value of crime handled only with complaint, we should expand the scope of this crime in a reasonable degree.This paper is divided into three parts, about 33,000 words, including more than 3,000 words of footnote.The part I: discusses the summary of crime handled only with complaint. Firstly, it looks back the history process about creation and development of crime handled only with complaint, analyzed realistic foundation that it work in China. Then, by analyzing the concept of crime handled only with complaint, comparing handled only upon complaint with private prosecuting and no trial without complain to separate respective limit, establish the scientific content of crime handled only with complaint. At last, it studies on the law value of this crime, such as freedom, order, restrained, harmony, efficiency.The part II: provides a detailed discussion on legislation scope of crimes handled only with complaint. Base on harmfulness of an offence and evidence inducing capability of an offender as definition standards, with research methods of comparison and case study, it makes a theoretical analysis on application scope of crimes handled only with complaint in China. In addition to the original crimes handled only with complaint, I believe that, it is necessary to include the following crimes when amend the Penal Code: malicious wounding among relatives, fault injuries among relatives, larceny among relatives, defraud among relatives, rob among relatives, extort among relatives, malicious mischief among relatives, illegal search, illegal intrusion into residential, violations of freedom of communication.The part III: evaluates and analyzes three special kinds of crime handled only with complaint. Firstly, it denied the legislation which provides embezzlement crime for absolute crime handled only with complaint, not only the logic is self-contradictory, but also it's difficult to have the desired effect in practice. The scope should be limited in that "illegal custody of the property of others for their own, larger amounts, refusing to return to." Secondly, it discusses to expand the issues about offence of complaint limitedly in marriage family range, provide the suggestions that crime among relatives is different with normal persons, some special crimes, such as, offence of property, can be included into crime handled only with complaint. At last, it demonstrates that the crime of encroach private affairs can be included into crime handled only with complaint, but sexual violence crime cannot be.