Study On Some Problems Of The Crime To Be Handled Only Upon Complaint

The crime to be handled only upon complaint, called "acceptance at complaint only "in ancient china , is the crime that should be handled after being told. It is one of official crimes in our country. As an important legal system, there are more perfect stipulations about it in many other countries than in ours . And the lack of relevant research of theory about the crime in China has influenced its effect. The article here tries to make a contribution to our legislation and judicatory fulfillment by studying some problems of the crime and to explore the value of theory and practice about it.The article was divided into four parts.In chapter one, the author illustrated the concept and attribute of the crime to be handled only upon complaint and explained the meaning of "the crime is that a person who has rights to complain prosecutes ". Although the crime is originated from regulations of criminal law, the right of the person who has rights to complain in the litigation procedure and the self-control of litigation procedure are tallied with the gist of civil law. So the crime to be handled only upon complaint is generated by the integration of civil law and criminal law, and also a mixture of criminal substantial law and the criminal procedure law.In Chapter two, the author stated the historical development of the crime in different countries. In our country ,the crime originated from the Tang Dynasty and was limited to the minor crime. There are five accusations of this crime in the current penal code of our country . Compared with our country, Anglo-American countries have no the crime to be handled only upon complaint due to their the tradition of case-law. But in civil law countries and the countries influenced by the civil law system, such as Germany ,France and Japan, the crime to be handled only upon complaint is clearly stipulated. And the range of the crime in Germany is even extended to civil laws and economic law.In Chapter three, the values of the crime to be handled only upon complaint in the view of criminal law were explained , which include the value of modesty ,freedom , efficiency and harmony separately. Based on the study of the tolerance of criminal law, protection on the victims' rights, the efficiency value of the crime and the Chinese traditional harmonious thought, the author demonstrated existing value of the crime to be handled only upon complaint.In Chapter four, the author put forward the suggestions of the legislative improvement. In order to extend the range of the crime, the author put forward some legislative suggestions. One suggestion is extending the range of the crime to some slight criminal cases authenticated by the victims. Another suggestion is establishing the system of shoufu. The case that the crimal suspect gives himself up to the person with right to complain can be named as shoufu and stipulated it as one of voluntary surrenders. So we also suggested establishing our new voluntary surrender system. Finally, the author suggested that the complaint prescription is 6 month and the overdue complain is not allowed.