Study Of Private Prosecution System

A world-wide coming trend that public prosecuting expands while private prosecuting shrinks gradually in prosecuting criminal procedure does not mean it's necessary for us to abolish private prosecuting system of our country. In my opinion, it exists reasonably. But nineteen-ninety six' expansion of it's scope really deserves discussing. By analyzing the basic theories and main problems existing in the private prosecuting system of our country ,the author gives us series feasible suggestion on how to improve it. This article covers three parts and 40,000 words altogether.Part one : Reasonableness of present private prosecuting and its values in our country .In this part, This writer points out the private prosecuting system exists in our country on the influence of history as well as the requirements of the social condition and the new development of the criminal ideology, the writer points out it's three values as well, that is protecting human rights, realizing a good distribution of judicial resources, and supervising the public rights.Part two: Analyzing basic theories of private prosecuting. This part is a nuclear one. In this part, the writer first analyzes private prosecuting system theoretically including it's base of the theory(protecting human rights and procedure impartial), essential factors (subject, object and effects)and it attributes which includes three parts, that is, a natural right, a right of charging, and a relative right. By contrasting the generalities and differences of the right of the private prosecute and of the right of the public one, the writer analyzes the relationship between them. Secondly, the writer also explains its four basic principles including disposing, equality, assistance by government, and mediation by judge. At last, this writer pointing out the main characteristics of the private prosecuting is: a wide acceptance, a simple procedure, and a smart disposal.Part three: Improving private prosecuting of our country. This partis the core of the article. By comparing the law of German and the district of my country Taiwan, this author examines main problems existing in private prosecuting system of our country. On the base of former the writer tries to improve its subject by giving advices on changing the subject if he or she died or became disable and continuing the suit by public procurator instead of the subject in the same condition if there is no former man in the middle of the suit the writer also tries to improve its scope by regulating the scope of the first case slightly, by reforming the scope of the second case by giving a standard of "double slightness" firstly, and dealing with the relationship of the right of private prosecuting and public prosecuting of it secondly ,by abolishing the third one instead of an application of the victim to the judge .At last, this writer gives us advices on how to improve its judicial procedure which includes abolishing the contradictions between law and it's interpretation firstly, enlarging the rights of two parties secondly, carrying through the supervision of the procurator on the suit thirdly, and restrict the time of prosecution lastly.