Legislation Under The Jurisdiction Of Private Prosecution

In different countries about criminal prosecution system has different provisions, some countries exist only public prosecution system, namely all criminal cases are a lawsuit by the procuratorial organs, this is the so-called prosecution monopoly socialist; While some countries are not only private prosecution, still exists, criminal case can not only by procuratorial organs, some public prosecution by the criminal cases can directly to the court for prosecution victim, that of the so-called "Sue coexist socialist".According to our country "criminal procedural law" concerned regulation, both public and private prosecution criminal prosecution is divided into two kinds, namely China’s criminal prosecution system USES is the prosecution coexist socialist. Prosecution system as our criminal prosecution, the important part directly by the victim in the people’s court for prosecution, it can solve the masses "sued the problem is difficult to, also can achieve saves judicial cost and monitoring the national power operation double meaning. But because China’s "criminal procedural law" and "criminal law" failed to private system of the scientific and reasonable design, especially in a case of private prosecution shall be under the jurisdiction of problems are not reasonable enough, make prescribed judicial practice to male, examining, law, authorities in handling a case of private prosecution, often caused by jurisdiction rights of victims get timely and effectively relieve, criminals and no punished. China’s current about a case of private prosecution under the jurisdiction of the provisions, whether in system of respect or judicial practice concrete operation there are unable to overcome defects. Therefore, further study jurisdiction of private prosecution cases, this paper puts forward a scientific and reasonable system of the improvement scheme, for improving our criminal litigation system has very important practical significance. This paper mainly to a case of private prosecution over as the Angle of view, adoption of literature study and analysis comparison, access, collect relevant materials, the jurisdiction in a case of private prosecution made a profound research problems. This paper is divided into four parts:first analyzes the present situation of three private prosecution jurisdiction; Then on the foreign private prosecution jurisdiction, summarized the comparative study of China in a case of private prosecution over the existing problem; Finally, in view of the different question put forward specific proposals, hoping to form a complete set of perfect about a case of private prosecution under the jurisdiction of the private system to promote the legislative system of good operation.