Reserach On Private Prosecution Transferred Turn To Public Prosecution System

Private prosecution to public prosecution system is the cohesion system exists between two of them in criminal cases. The private prosecution and public prosecution are dominant in different periods in criminal lawsuit. Under the coexistence of both criminal lawsuit systems, the realization of the relationship between them has become an urgent problem. This system has made prosecution intervention reasonable and lawful when the private prosecution cases did not suitable for the case to proceed,It effectively guaranteed the litigation right of criminal case and can take advantage of the public prosecution and break through the limitation of prosecution when the prosecution cannot achieve litigation purposes. At the same time, it reserved legal basis for all criminal prosecution.But for which and how to be transformed into public prosecution, the theoretical field has not reached a consensus. This paper has four parts and the author would like to put forward constructive advice through this study.The first part is the overview theory of private prosecution turn to public prosecution system. Private prosecution turn to public prosecution is two kinds of lawsuit method. Though each has its advantages and disadvantages, they have a common purpose. Therefore, allowing private prosecution turn to public prosecution is an effective remedy in certain circumstances. By the definition of the relationship between the Private and Public Prosecution, and the analysis of indictment connotation and value, you can see the existence of the private prosecution turn to public prosecution system has its positive significance.The second part makes a comparison of Germany, Russia, the United Kingdom and Taiwan region in terms of private prosecution to public prosecution system. Comparison to research of the setting purpose, mode and Opportunity provides reference for our country.The third part is the analysis of our current system of private prosecution turn to public prosecution system. Through the detailed interpretation of this system founding that some problems limit the effective functioning of this system. Analysis of legislative and judicial status of the system shows that:the scope and conditions of the system are not reasonable, such as the second kind private prosecution of criminal cases is too broad, the range of a few private prosecution cases division and conditions should make adjustments. The current procedures are imperfect.Part IV provides suggestions to Private prosecution turn to public prosecution system. Through the establishment of the legislation principle, to make guiding ideology n our building legislation clearly and then complete the system according to the problems pointed out in the third part.Specifically, the design of our country private prosecution to public prosecution system should follow the social principle, proportion principle and power balance principle. When to establish reasonable definition prosecution conditions and purview.Next, to formulate a sound procedure in private prosecution turn to public prosecution system, for minor criminal cases the conversion and transformation process should observe clear rules; to promote the use of Behalf told to all phases, the time of Behalf told should ahead of procurator organ; secondly, to establish Sound supervision system Follow the example of Taiwan; Finally, to set up sufficient relief measures.