The Relationship Between The Power Of Public Prosecution And The Right Of Private Prosecution

The criminal procedure theory is the basic theoretical of the criminal procedure, the relationship between the power of public prosecution and the right of private prosecution is the core matter of the theory of criminal procedure, and it plays a critical role in the research of this problem. This thesis was explored from the separate concepts and values of the power of the public prosecution and the right of private prosecution, the thesis also introduced the formation and development of the relationship from different historical period. It was discovered that the dominant power of sue rights was transferred from the victim to the state, and the private prosecution was replaced by the public prosecution as the major means of criminal procedure. On the basis of completely observing the relationship of the power of the public prosecution and the right of private prosecution, the author got a conclusion that the monopoly of the power of public prosecution ,and the presence of the two are the two main patterns of sue rights abroad. The author proposed the advice of perfecting the relationship of the two in view of the present situation of china, besides; we can establish the protective mechanism of the victim's right of private prosecution through shrinking the range of private prosecution cases. And finally we can bring forward the concrete plan of the public prosecution transferring into the private transferring in expectation of perfecting legislation..