Research On Criminal Private Prosecution System

In our country, the Criminal Procedure Law provides for the criminal prosecution of public prosecution and private prosecution in two forms, and sets up the system of the criminal prosecution, mainly in public prosecution, and, private prosecution as supplemented, though it just applies to a few of criminal cases, plot slights and less harmful to society. However, the importance of this system in the prosecution of crime, to protect the rights of victims, can not be ignored.If a little attention is paid to the research concerning about criminal prosecution system, you can easily find out that scholars prefer to the study of criminal public prosecution system rather than the private one, which actually still remains at the theoretical level, monotonous and even between general. Obviously, it is difficult to follow and reflect the National People’s Congress in2012on Amending the Criminal highlight human rights protection truly. Most scholars lean their focus to the protection of the rights of the accused, with the hope that by giving extensive litigation rights to the defendant to defend against any possible infringement from the national public power, and make it best possible to achieve equality of legal status for the accused both sides in the public prosecution cases. But in criminal cases, how to protect the basic rights of the criminal victims, who are undoubtedly belonging to the vulnerable groups, especially those in the criminal case of private prosecution, is always neglected by the legislature and the field of study. It shows up as making the private prosecutor undertake more litigation obligations in legislation, for instance, the court requires the evidence of the private prosecution must be "does","full", ortherwise they will not register, which is significantly difficult to complete for the private prosecutor who have neither legal knowledge, litigation professional skills nor capabilities of evidence gathering, especially for some special private prosecution cases, such as cases of abuse, the victims of the abandoned cases, for the elderly, women, and children. Instead of asking such victims for too much litigation obligations, legislation should give them the right as much as possible, and even thorough legal assistance, to make them acquire the greatest degree of rights protection through the criminal private prosecution.In this article, you can see the discussion and research, related to the basic theory of private prosecution system, enumeration and analysis about a series of problems related to the Criminal Private Prosecution, and also we put forward some specific suggestions, in hope of contributing to the improvement of China’s judicial system and legal.