Problems Relating To Offence Of Complaint

Looking at domestic and international legislation, many countries in the criminal legislation on the civil action provisions of a more comprehensive, and relevant provisions of our country is too simple, and scholars of the relevant theoretical research is also inadequate, resulting in civil action can not be fully established effect. It can be said on behalf of public power on behalf of private rights of criminal law and civil law are inextricably linked, there is overlap between them is the middle ground. Civil action legislation is a proof. Civil action is to vigorously promote modern criminal legislation in the state prosecution based on the doctrine of the victims left a small "private plots" between the parties concerned to fully reflects the "autonomy" principle. Therefore, civil action legislation, a good rule of law embodies the modern criminal law and criminal Modesty value the spirit of reconciliation. In view of this, this paper attempts by civil action for systematic research to explore deeper theoretical and practical value, the main use of literature study, comparative study and rational attitude in France, and other commonly used method in Social Science in the previous Based on the study, by comparing the domestic and international civil action in the legislation and system, combined with China's specific conditions, is divided into five parts of "civil action" to study issues related to civil action in China and the Legislative Perfection judicial practice, a certain degree of theoretical guidance and practical reference value.The first part is an introduction, describes the significance of this research, Research, and research methods. The second part of the civil action related theories are outlined. First, the concept of defining the civil action, referring to the Criminal Code expressly requires the victim to be handled only criminal. Pointed out the civil action features: social harm small; violations of individual rights; association between the parties. And civil action based on the history and reality are described. The third part of the civil action of the legislative situation in China and problems were analyzed. First analyzed the status of our civil action legislation, including assault and defamation, interference in the freedom of marriage crimes of violence, maltreatment and Embezzlement. Then pointed out that civil action legislation in our country there is a few major issues: civil action was too narrow; civil action the lack of voluntary surrender; civil action relief of victims of the narrow way; civil action statute of limitations problem; victims of proof difficulties; civil action tell the effectiveness. The fourth part focuses on the legislation on foreign civil action were investigated. Here mainly on the civil law in Germany, Japan and Russia and other countries, common law in the United States and British civil action such as legislation and its system were studied and obtained by comparison between the national civil action differences, mainly: the scope of legislation, litigation and real content of the different areas, so as to lay the foundation for later study. The fifth part, the basis of previous research paper, learning from foreign experience and practice, combined with our national conditions, by improving the legislation system in China civil action measures and suggestions. Should first rebuild civil action in the legislative model, the legislation should adopt an integrated model of Marxism, some of the simple case and the difficulty of proof in cases not provided for the absolute civil action, filed by the victim directly to a private prosecution, while others professional, technical nature, difficult to prove the case for the prosecution of the civil action provisions. Specifically from the subsequent civil action to expand the scope of the surrender additional civil action system, broaden the channels for relief of victims civil action to establish an independent civil action aging system whereby civil action tell the withdrawal system and so improve the proposals put forward.Innovation of this paper is mainly directed against the legislative status of China's civil action, civil action proposed legislation to rebuild the model, that a comprehensive legislative model, under such legislation, on the one hand to give the victim whether or not to launch criminal proceedings decision to allow the parties settled out, so you can mobilize the right to limit the purpose of punishment; the other hand, civil action against a number of complex cases means the victim can still rely on public prosecution authorities for prosecution the right to relief. The launch of both the right to limit punishment to meet the needs of restraining criminal law; can effectively protect the interests of victims, so that civil action in the legal value of the most full play. This civil action that can range from three aspects: first of all to violations of individual legal interests standard, the civil action in criminal law limited the scope of Chapter IV of the democratic rights of violations of civil rights crimes, crimes against property in the fifth chapter, followed by Select the criminal law statutory sentence of three years imprisonment for minor offenses, once again the standard of proof is easy victims, and victims of the offense the burden of proof is difficult to exclude. At the same time this additional civil action in the surrender system, broaden the channels for relief of victims civil action to establish an independent civil action aging system whereby civil action tell the withdrawal system and so on the basis of previous studies, also made a number of construction observations, in order to arouse the national, academic attention and discussion, and promote early actions to improve China's civil action system. The first part is an introduction, describes the significance of this research, Research, and research methods. The second part of the civil action related theories are outlined. First, the concept of defining the civil action, referring to the Criminal Code expressly requires the victim to be handled only criminal. Pointed out the civil action features: social harm small; violations of individual rights; association between the parties. And civil action based on the history and reality are described. The third part of the civil action of the legislative situation in China and problems were analyzed. First analyzed the status of our civil action legislation, including assault and defamation, interference in the freedom of marriage crimes of violence, maltreatment and Embezzlement. Then pointed out that civil action legislation in our country there is a few major issues: civil action was too narrow; civil action the lack of voluntary surrender; civil action relief of victims of the narrow way; civil action statute of limitations problem; victims of proof difficulties; civil action tell the effectiveness. The fourth part focuses on the legislation on foreign civil action were investigated. Here mainly on the civil law in Germany, Japan and Russia and other countries, common law in the United States and British civil action such as legislation and its system were studied and obtained by comparison between the national civil action differences, mainly: the scope of legislation, litigation and real content of the different areas, so as to lay the foundation for later study. The fifth part, the basis of previous research paper, learning from foreign experience and practice, combined with our national conditions, by improving the legislation system in China civil action measures and suggestions. Should first rebuild civil action in the legislative model, the legislation should adopt an integrated model of Marxism, some of the simple case and the difficulty of proof in cases not provided for the absolute civil action, filed by the victim directly to a private prosecution, while others professional, technical nature, difficult to prove the case for the prosecution of the civil action provisions. Specifically from the subsequent civil action to expand the scope of the surrender additional civil action system, broaden the channels for relief of victims civil action to establish an independent civil action aging system whereby civil action tell the withdrawal system and so improve the proposals put forward.