Study On Crime Handled Only With Complaint

Crime handled only with complaint refers to the criminal law expressly require the victim before dealing with crime, It can be divided into completely handled only with complaint and incomplete handled only with complaint, a private prosecution type and public prosecution type. As a basic type of crime, it is different from the no trial without complaint. First of all, it mainly violates personal right for example reputation, privacy and personal property. The effect of crime handled only with complaint on national security and public order is less than no trial without complaint. Second, it is less harmful to the society. Once again, the crimes handled only with complaint parties have a relationship of relatives, friends and colleagues in general. Crime handled only with complaint has a solid foundation in our country. It conforms to the thought of "no suit and harmony" and is an extension of Chinese traditional culture. Crime handled only with complaint apply criminal penalty when it necessary and it accord with the need of Criminal law modest. Crime handled only with complaint give the victim the right of autonomy of the will; it can protect the privacy of the victim effectively and realizing individual interests' maximization.Crime handled only with complaint has a dual attributes of criminal law and civil law, the parties have an equal status in the litigation process. The parties can control the process.Civil law system country's law specifies the crime handled only with complaint clearly. They affirm that crime handled only with complaint is violating personal rights, not severe punishment and proof convenient. Supervise the exercise of rights including the victim, legal representatives and close relative. At the same time, a few countries such as Germany and Japan, also stipulates the aging of sue to the court. The difference between countries has different point on legal tradition, national culture and values due to identified crime handled only with complaint existing difference. The criminal law in Germany, Switzerland, and Brazil in both general and specific provisions crime handled only with complaint. Japan, South Korea, only in the specific provisions of criminal law stipulated crime handled only with complaint. It is public prosecution in Japan and in Germany, Russia it is a mixture of public prosecution and private prosecution. Because of different mode of prosecute, the connotation of sue is also different.Compared with foreign legislation, the crime handled only with complaint includes insult, libel, interfere with freedom of marriage by violence, abuse, and embezzlement charges in our current criminal law. The scope of crime handled only with complaint in our country is narrow. China' criminal law not provisions surrender system and Prosecution of aging. It doesn't provide the legal basis to sentencing for surrender. It also doesn't supervise people who have the right to sue the exercise of rights.At the same time, there is no exception for embezzlement also triggered many problems. Criminal law expands the scope of crime handled only with complaint appropriately that identified the theft between relatives as crime handled only with complaint. Crime of embezzlement should make special provisions which not apply to all private prosecution. Increase surrendered system and aging system of crime handled only with complaint to make up the shortage of current system and realize the value of legislation.