Discussion Of People's Procuratorate's Supervision On Filing The Criminal Case Of Private Prosecution

This article discuss briefly about people's procuratorate's supervision on filing criminal case of private prosecution.Now our country doesn't have specific rules on filing criminal case of private prosecution,this situation results in that in actual judicial practice, the People's Court file the county level have found violations to have constitute a crime in their supervision and examination, The difficulties in filing criminal cases of private prosecution have drawn more and more attention from all walks of life.No provisions can be found in the Criminal Procedure Law as to whether or not the procuratorates may have the power to supervise this kind of cases.Therefore,it inecessary for the procuratorates to comprehend the necessity and feasibility of exercising their supervisory power on such cases.Meanwhile,it is also important for the prosecutors to make clear what are the rule-breaking acts done by the courts,and how they should handle them. The paper falls into four sections.The first part discusses the criminal case of private prosecution, it contains thecriminal case of private prosecution's concept , feature and value, it introduses the value of the private prosecution ,as we know,the criminal case of private prosecution means that the law prescribed people can handle the criminal case directly to the people's court.our law prescribe three types of criminal case of private prosecution,it embodiments that our country give people the free right,of course ,our law has some problems,for exemples,the scope of the criminal case of private prosecution is not very clear,the standard of the criminal case of private prosecution is also not clear and so on.The second part contains that supervision of filing criminal case of privateprosecution,it contains the concept of supervision on filing the criminal case ,the feather of supervion on filing the criminal case and the value of supervision on filing the criminal case.the supervion on filing the criminal case means that the People's Procuratorate supervise the filing of crimina case is legal or not. In our country,there is possibility of supervision on filing of criminal case,and the supervision on filing of criminal should be contained in the law system.The third part discusses the current situation oflegislation and actual judicial practice,because our country doesn't have specific rules on the supervison on filing of a criminal case of private prosecution,so it results in that in practise,the People's Procuratorate cannot exercise the right of supervison on filing criminal case of private prosecution.and also results in the People' Court's illegal action.The last part discusses the proposition of improve the current situation of supervision on filing criminal case of private prosecution.people's procuratorate's supervision on filing criminal case of private prosecution is not perfect,Nowour country doesn't have specific rules on filing criminal case of privateprosecution,this situation results in that in actual judicial practice,this situationresults in that in actual judicial practice, the People's Court file the countylevel have found violations to have constitute a crime in theirsupervision and examination,our law system will be perfect.and also it can prove the level of the legal staff and people.