| The crimes of private prosecution refers to the Penal Code expressly require the victim before dealingwith crime. This crimes is to tell the right people to tell as the premise of criminal prosecution, it is astatutory type of crime, the statutory performance in Criminal Law shows its general meaning,interpretation, and Criminal Law in the Complaint. the provisions of a crime. For a long time before thepromulgation and implementation of the1979Criminal Law and Criminal Procedure Law are not criminalprocedural law, the majority of criminal offenses for prosecution, the victim is almost no tell at all, thecrimes of private prosecution also there is no existence and development of space. But with the social andeconomic life and national criminal policy of continuous progress and development, along with the Code ofCriminal Procedure of1996and the1997Criminal Code,"the promulgation and implementation of ourlitigation program gradually amorphous, the formation of an indictable supplemented the basic frameworkof private prosecution, and according to the prosecution of the conditions of crime classification is dividedinto a crime of private prosecution and the crimes of private prosecution the crimes of private prosecution.Up to now, the crimes of private prosecutionunder China’s criminal law a crime is only an insult to thecrime, defamation, violence, interference in the freedom of marriage is sin, ill-treatment and embezzlement,and the legal system of crimes of private prosecution provisions in the Criminal Law and CriminalProcedure chapters which, compared with many countries’ crimes of private prosecution system is quitecomplete, the system of our country’s the crimes of private prosecution was relatively thin, the provisionsare too simple, lack of systematic, to some extent, are restricting the the crimes of private prosecution Thesystem performance of the play.In this paper, summary of the previous existing research results on the basis of learning, the use of theLaw of Marxism, conceptual analysis, value analysis, and comparative analysis of the jurisprudenceresearch methods, drawing on the useful experience of foreign legislation, combined with the concretepractice of China’s national conditions and legal practice points off and Complaint. Reform views,expectations play a role in promoting research and legislative reform of the crimes of private prosecution.In the introduction, I briefly described the significance of the topic, research status, difficult problems to be solved, and this study pointed out that China’s current crimes of private prosecution either inlegislation or in the theoretical study was not thorough enough and attention. deepen the reform of thecrimes of private prosecution is an inherent requirement of the legal system of the times, but also a concretemanifestation of the legal civilization, political civilization. In the epilogue, the author pointed out: thecrimes of private prosecution system in the civilization of modern rule of law plays a very importantpositive role, along with the rapid development of China’s social and economic life and social improvementin the level of civilization, the human value of the criminal law is even more clearly, humane care thinkingmore deeply, the system of crimes of private prosecution and reform will have a greater progress anddevelopment. The body is divided into three parts, first part outlines the definition of a crime of privateprosecution, attributes, Discrimination between types, and values and the crimes of private prosecution andrelated concepts lay the foundation, as discussed below; The second part is on the basis of Chinese andforeign crime of private prosecution legislative content assessment, carried out a comparative study toexplore the similarities and differences between Chinese and foreign crimes of private prosecutionlegislation, the inadequacies of China’s crimes of private prosecution legislation in order to find thestrengths and foreign crimes of private prosecution legislation, each other and foreign things serve China;The third part is the analysis of the inadequacies of China’s crimes of private prosecution, and the crimes ofprivate prosecution legislation to improve a preliminary attempt is proposed to expand the scope of thecrimes of private prosecution, to increase the crimes of private prosecution surrendered to the system andthe timeliness of system, in order to promote the reform of China’s crimes of private prosecution systemtowards a more scientific and modern direction, the system of crimes of private prosecution from thelegislative to the practice to form a more complete run mechanism, highlighting the value of the crime ofprivate prosecution in today’s socialist life. |
