Font Size: a A A

Related Studies Criminal Private Prosecution System

Posted on:2018-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:X M ChaiFull Text:PDF
GTID:2336330515452427Subject:legal
Abstract/Summary:PDF Full Text Request
Because our country in the theory part of the deviation and legislation in the legislative technology of coarse,there are more problems lead to prosecution system.Right in a case of private prosecution and public prosecution has a complicated relationship,there is a conflict between each other,and now more crime concealment and complexity,and the victim's ability to sue criminals is very limited,which pose great challenges to the abandonment.Is important because the disconnect between the substantive law and procedural law more and more serious,which leads to the rights of the private prosecutor cannot obtain the effective protection.Major countries in the criminal procedural procedural law in the world are not separate set the range of a case of private prosecution,and our country's criminal procedure law and judicial interpretation are separately set up the scope of a case of private prosecution,lead to the range of procedural law and substantive law defined.The key to solve this problem is how to coordinate the relationship between the right of public prosecution and the litigation right,in the case of public prosecution and private prosecution,how to choose the suitable way,can not mention prosecution to public prosecution,for example,if the prosecution,the victim can also in a problem.Private prosecution system in our country in recent years,however,did not issue new laws and regulations,but the existing system of criminal prosecution and there are many problems to be perfect,the author thinks that the most prominent problem is our country's criminal private prosecution system of procedural law and substantive law from,lead to the related provisions of private prosecution system has no strict legal loophole,and caused the public prosecution and private prosecution of chaos.So this article to these fundamental problems in the criminal prosecution system in-depth and systematic research and analysis,and put forward the perfect Suggestions,in order to realize the realistic significance of the legislation itself.
Keywords/Search Tags:the criminal private prosecution system, right of private pro secution, right of public prosecution, private prosecution procedure
PDF Full Text Request
Related items