Theory Of Prosecution Right Of Criminal Litigation Contract Of Reform

The reform of legal system of criminal procedural law is on the key stages,but it hard to proceed on because of the ignorance of the theory of litigation right..Litigation right is the core of procedural law. The theory of litigation right extend from science of civil procedure to other fields such as the science of criminal procedure law. The emergence of theory of litigation right in science of criminal law is inevitable,because the litigation right in different fields is the same in nature.The litigation right in criminal procedure relates to the victim's litigation right,the procurator's power and so on. The introduce of litigation right to science of criminal law is good for the reform of the legal system and for the balance between the accuser-defendant balance. The litigation right of the victim is inherent while the public prosecutor's is deriving. The origin of right of public prosecution can not be regarded as delivered by the victims,it is from the laws.So the rights of public prosecutor and the victim is independent. The relationship between right of public prosecution,investigation power and legal supervision power should be cleared. Because of the lack of concept and legal system of right of public prosecution,some flaws lies in current legal system,such as the imbalance between the accuser-defendant relationship,the relationship between the accuser and the judge is distorted,the victims'right can not be well-protected. Some new systems are hard to be established such as plea bargain and criminal reconciliation. So the suspect's and the defendant's right and the victim's can not be well-protected,it even leads to some unjust cases.In order to solve those problems,in is urgent to introduce the idea of right of public prosecution. The lawsuit mode should be converted from inquisitorial system to adversary system,the relationship between accuser and defendant should be balanced,the relationship between the accuser and the judge should be well-adjusted,the inquisitorial meaning of accuser should be weaken and the right of the victims should be protected. In addition,the legal system of plea bargain and criminal reconciliation may be practiced to promote the creation of criminal contract. In conclusion,the introduce of the theory of litigation right in the field of criminal procedural law will promote the process of the reform.