Civil Action Research

Crime handled only with complaint, also known as crime of no trialwithout complaint, is immensely valuable for legislation as a type of crimedecided by the manner of prosecution. Crime handled only with complaint isfully laid down in Western countries' criminal legislation while beingneglected in both China's legislative and research fields so that it fails toplay an active role in law administration. Seeing that, this paper expects tocontribute to its legislation in our country by studying the crime in depth atboth theoretical and practical levels.The body of this paper consists in four chapters with 50,000 Chinesecharacters. The first chapter of its body introduces crime handled only withcomplaint, its origin and present legislation both in China and abroad, on thebasis of which the author points out that the crime can appeal to civil law aswell as criminal law.In the light of concerning theories formulated by scholars both at homeand abroad, the second part analyses and propose a possible legislative basisof crime handled only with complaint. The author argues that it is necessaryto legislate for crime handled only with complaint for two reasons: itprotects the victim's rights and really resolves disputes in a "society ofconnections".By presenting the ways the current law offers limitation:decriminalization, diversion and dispunishmentization, the third part tries todisclose the significance of legislation for crime handled only withcomplaint: it embodies the limiting, complementary and economicalcharacteristics of criminal Law.The forth part of the main body proposes to perfect the law of crimehandled only with complaint in our country. Despite its defects, the law ismore advantageous than disadvantageous. In reference to the problems inthe present legislation in China, the author suggests that the law be perfectedby a) (1) improving the legislative model. There are mainly three legislativemodels in use in the world: private prosecution, public prosecution and combination of the two. Comparing the three models in their advantages anddisadvantages, the paper recommends the third model for use in our country.b) extending its applicability. Since its legislation is considerably significant,it is worth the pains to extend its applicability by having it clearly defined inour criminal law. c) bringing into effect the practice of voluntary surrenderof crime to be handled only upon complaint. The paper proposes that thissystem be set up in our law in that the offender's surrender to the victimshould be regarded as a legal surrender, and d) establishing independentlimitation of prosecution system for crime handled only with complain. Theauthor analyzes the feasibility and necessity of such a system andrecommends that the limitation of prosecution of the crime under discussionshould refer to the civil law. Specifically, any prosecution beyond six month,starting from the day when the person who possesses the right ofprosecution knows or should know the violation of the behavior person andhis rights, should not be accepted. Nor should prosecution beyond 5 years,starting from the day of violation, be accepted.