The Research On The Scope Of Criminal Private Prosecution Cases

The thesis starts from the concept, characteristics, history evolution and the value basis of the criminal private prosecution system and China's tradition rationale. In the history of criminal proceedings the power to initiate a criminal prosecution used to be wholly exercised by the individuals and for the part of state. With the developments of society, people are more profound understanding of the nature of crime and the scope is concentrated in minor cases. In a modern society, the existence of private prosecution is of great value in the realization of the social justice, the maintenance of the ruling order and the elevation of the effectiveness of the proceedings.And then the author introduces the scope of private prosecution cases of Taiwan, Thailand, Germany, Russia, England and other countries briefly. From the world-wide angle, it appears that private prosecution takes a fairly small proportion in comparison with the public prosecution. Most countries follow the principle that public prosecution dominates with private prosecution as a supplementary instrument. In some countries, prosecution power rest only with the state which monopolizes the prosecuting power.The author introduces the actuality of the scope of private prosecution cases in China, and analyses its loopholes. Present Chinese Criminal Procedure Law classifies cases of private prosecution into two categories:one is case to be complained and started by the victim and the other is the less serious case for which the victim may be able to present evidence to prove. Furthermore, the scope of privately I prosecuted cases has is widened against the general world tendency in the criminal prosecution system. A third category of privately prosecuted case is added to the present system.On the basis of introduction and analysis in former parts, the writer states the detailed conception of a new design for the criminal private prosecuting system, namely that the idea of design should be renewed firstly, meanwhile, it is necessary to revise the existing three types of oneself action cases.