The Current Criminal Private Study

The Private Prosecution is one of the most ancient way of accusation. At the early beginning of human history, criminality is deemed as the behavior against personal interest, hence the victim had the exclusive right to decide whether to start the prosecution or not. As the social developed, the ruling group realized that it was not good for its governing to grant the right of initializing the prosecution on the victims only. Consequently the Public Prosecution emerged and gradually substituted for the Private Prosecution. When the Public Prosecution dominates the system of criminal prosecution, there are two kinds of viewpoints regarding the question that whether the Private Prosecution shall be reserved: one is that the Public Prosecution shall be exclusive and criminal prosecution right shall be granted to the especial governmental body and the other is that the Private Prosecution and the Public Prosecution could be co-existed.In China's criminal prosecution system, the Public Prosecution is in the dominant position with the Private Prosecution as auxiliary means. Our current criminal procedure law (modified in 1996) sets forth three types of Private Prosecution cases, enlarges the ranges of cases covered by the Private Prosecution and enhances the position and the function of the same in the criminal prosecution system. The enhancement of the Private Prosecution has played a positive role pragmatically but some deficiency in the legislation and trial turn up at the same time. The author tries to in this writing make study on the Private Prosecution, and analyzing its reasonableness, existed problems and the resolution. This writing is divided into four chapterChapter one: summarization of the Private Prosecution Introducing four aspects of the topic i.e.the arising and historical evolution of the Private Prosecution in foreign countries, the arising and historical evolution of the Private Prosecution in China, the current situation of the Private Prosecution in foreign countries and other areas and the current situation and orientation of the Private Prosecution in ChinaChapter two: Acceptance procedure of the Private Prosecution casesAnalyzing the theory of the Private Prosecution right, raising the perspective that the victim could be any individual, government body, association, corporation, etc and making legislation suggestion on the prescriptive period of the Private Prosecution and the deficiency contained in the provision regarding the notice of non acceptance of Clause 86, Criminal Procedure Law.Chapter Three: Proving Criteria and Evidencing Obligation Specifying the proving criteria and evidencing obligation regarding the Private Prosecution, analyzing and making suggestions on the problem arising from the over requirement on the proving criteria imposed upon the litigant by present laws and raising resolution of the evidencing difficulty confronting the litigant during the judicial practice of Private Prosecution.Chapter Four: Legislative Deficiency in Conciliation Process of the Private ProsecutionAnalyzing the existed problems regarding the conciliation process of the Private Prosecution from both the theoretical and pragmatic perspectives and suggesting for the legislation that the rang of cases covered by the Private Prosecution shall be subject to that of Civil Suit Collateral to Criminal Proceedings.