On Integrating The Right Of Private Prosecution Into The Right Of Public Prosecution

Criminal proceedings exist to ensure basic civil rights to oppose improper misconduct from the organs of state power. It is also the final barrier to preserve justness and authority of the justice, and also the equality and justice of the society. Criminal proceedings should always seek procedural justice and substantive justice, and make the criminal substantive justice be based upon the achievement of criminal procedural justice. The democratic and judicial society exists to protect human rights and to keep the private rights from violation of authority. The society should exercise the criminal procedure laws when it sets criminal laws and the due process of criminal prosecution as well as trial, so that the legitimate rights of the victims and the defendants can be realized.As an important part of criminal proceedings, the right of public prosecution is also the most fundamental and important method to exercise the criminal proceedings. In the modern democratic and judicial society, most of countries have the criminal prosecution system leaded by the rights of public prosecution and supported by the rights of private. For instance, the state monopoly prosecution and prosecutors exclusive system in Japan, the prosecution system based on the combination of a grand jury review and prosecutors review in U.S. These prosecution systems are dominated by the state prosecution fully. In Germany and France, the public criminal prosecution is still playing a leading role although they have the victims'rights relief system. Chinese Criminal Procedure Law put the vast majority of criminal cases into public prosecution system, so the issue comes out when the right of public prosecution and the right of private prosecution coexistBased upon criminal appeal at the same time, the right of private prosecution and the right of private prosecution have two subjects of the right in all, so it is prone to poor coordination, which can result in two competing or evasive rights. And the judiciary would be quite confused how to start with that situation in practice. Especially, by the confusion in varying degrees caused by the right of private prosecution, the public prosecution may be aggressed inappropriately. Moreover, giving victims the free right of disposition for some serious violent crime can easily cause social instability. So this paper compares and assesses the approach to solve dilemma between the right of public prosecution and the right of private prosecution in the criminal prosecution system of civil legal system and Anglo-American law system, which are represented by Japan, the United States, Germany and France. On this basis, this paper analyze further the importance of occupation of the public prosecution in the field of criminal prosecution which is after the integration of the right of our public prosecution and private prosecution. The paper has established a valid path to settle with the contradictions and conflicts on the exercise of co-existence of the right of public prosecution and the right of private prosecution. At the same time, matched with that, a series of legal systems including national victim compensation system, the appeal system of victim, final judicial review system has been put forward in this paper to ensure the balance among the victims interest, public interest of society and national law.