Study On The Reasonable Scope Of Crime Handled Only With Complaint In China

The crime handled only upon complaint is a kind of crime classified according toprosecution condition. Under the criminal policy of combining punishment with leniency,it embodies the respect to the right of free choosing of victims, conductive to the recoveryof harmonious relationship between the offenders and victims, bebefit to the efficient usingof judicial resources. The contemporary law about the crime in our legislation coversnarrowly, the legislative mode is single, the choosing of crimes with great randomness. Weshould expand the reasonable scope of this kind of crimes, as well as improve itslegislation pattern.The key of this paper is reconstructing the reasonable range of crime handled onlywith complaint.First,discuss the summary of crime handled only with comlaint,analysis therealistic foundation that it functions in China;Second,study the relative theories impactingthe rage of the crime,expliciting the definition of the rage should conform to some values:restrained of the criminal, protection of the legal interests and protect the rights ofvictim;Again,according to the induction about the above mentioned factors, draw aconclusion that dividing the range of the crime handled only upon complaint should follow3steps: violation disposable personal legal interests, specific relationship to the victimsor particular harm, eliminating the limitation on the plot and other conditions;Finally,onthe basis of the above standard,reconstruct the range of the crime handled only uponcomplaint and change the absolute private prosecution system.