Issues On The Criminal Private Prosecution Cases

Criminal private prosecution is different from the criminal indictment, it is a justice system that victims or their legal representatives to file a complaint directly to the court to require the defendant can be held criminally responsibility, the court review the case to decide on the admissibility and judgment of the case. This system occupies an important position in our country's criminal justice; it is also a difficulty in trial practice. To strengthen the study on criminal private prosecution has important practical significance.In the first part, author introduces the scope of criminal private prosecution cases, states the connotation and related charges on the 3 types of criminal private prosecution cases revolving in the Criminal Procedure Law, and comments on the different academic viewpoints. In the aspect of criminal objects and trial procedures, author points out the differences between the criminal private prosecution cases and the minor criminal cases which the victims have evidences.In the second part, author comprehensive analyzes the characteristics of criminal private prosecution cases, researches into the aim of legislation on the criminal private prosecution cases' mediation, the parties reconciliation, counterclaim etc, and discusses the need for the existence of re-counterclaim system in the trial practice.In the third part, author points out the current problems of the criminal private prosecution cases' trial, anatomizes the problems of review of the cases, certification investigation, witnesses etc. and to comments on some courts' customary practice.In the fourth part, from the status quo of our country's criminal justice, author designs some innovative approaches for the criminal private prosecution cases' different trial stages to improve the trial of criminal private prosecution cases and to promote the discussion , study and practice on criminal private prosecution cases.