On The Improvement Of Public Prosecution To Private Prosecution System In China

"public into private prosecution" is a characteristic system of criminal procedure law in our country,the system refers to the public security organs of the criminal suspect shall not be investigated for criminal responsibility according to law or procuratorial organs of his decision not to prosecute,the victim may appeal at the next higher level within the period of statutory procuratorial organs,request to Sue,or directly bring a suit before a people's court without presenting a petition first.Make up for the defect of great v system,the system to a certain extent,to realize the rights of criminal victims relief as well as the approaches to make effective constraint the legislative purpose of the abuse of his right to appeal.But any of the establishment of a system have its imperfect face prosecution private prosecution system also exist in the defects in legislative theory and judicial practice.Such as:law conflict,the prosecution deadline are not clear,the victim of evidential threshold high unfavorable to realize the right remedy,the lack of public prosecution supervision and so on.Academia,the judiciary has never ceased to the analysis of the system,some scholars advocate to simulate system of Germany and Japan,subject to compulsory prosecution system or criminal victim judicial review system,thus abolishing private prosecution of public prosecution system in China;Others insist on public prosecution system of private prosecution,think we can draw lessons from Germany and Japan,the reasonable parts of the similar system,and to our country private prosecution system of public prosecution are modified.The author thinks that public into private prosecution in our country still have the need for continued.We should foster strengths and circumvent weaknesses,be sure the positive value of the systemand had to analyze the root causes of the existence of a series of problems in the system,on the basis of the similar system in foreign countries as a reference with the reality of our country,set up the concrete system to constantly improve our country private prosecution system of public prosecution.This article tries from public into private prosecution in four parts:the first part explained the basic concept and value orientation;The second part analyzes the reference of foreign similar system to our country;The third part explore the defects and the causes of the existence of private prosecution of public prosecution;The fourth part put forward specific idea on the system.