Research On The Reform Of The System Of Handling The Criminal Victim's Complaint

After the research of criminal discipline tends to mature,the protection of defendant and victim right has become a hot topic in jurist prudential circle.The victim's handling system has gradually come into view.“To be handled only upon complaint”originated from the ancient theory of “telling”,the system not only in China,but also exist in other countries of the continental law system.If we compare the system with other countries,we will found that the prosecution mode is different.Which is the better?However,we will know that our prosecution mode is wrong because of the analysis the system's historical origin,meaning and legislative purpose.“Tobe handled only upon complaint”is not “private prosecution only”,“Sue” is reported.“Tell” is prosecuted.Correspondingly,the litigation mode of the system should be both public prosecution and private prosecution.The crime cases occurred many times.We often can see a large number of cases on the newspaper about slander,insult,abuse,violence and embezzlement interfere the freedom of marriage.Unfortunately,there are a few cases have entered the criminal trial procedure from the court of the data.Even if the parties file lawsuits to the People's Court.The greater part rejected charges.Because victim have not investigation rights vested by the criminal law,the Success rate is very low in the strict evidence standard.Losing is normal,wining is rare.The reason of operation dilemma is the prosecution mode “private prosecution only”,the rights of the victims can only stay in the law.The mode of absolute private prosecution liminates the jurisdiction of the public security organs,and people's procuratorate,the public security organs cannot investigation,prosecutors cannot prosecute,The system have made cognitive theory and departmental function alienation.it is not fully respect the wishes of the victim.In this system,the victim can't get proper judgment because there is no police assistance.The case encountered problems.First,if there are private prosecution cases in the trial.Can we hear the private prosecution case in the same program.Second,the term of imprisonment about Public prosecution and private prosecution is difficult to resolve.With the numbers of cases increasing,these problems attracted our attention,and the legislators to recognize the shortcomings of the current system.They have taken alot of measures in that system,but these measures just don't perform.In order to improve a situation,the only way is to learn other areas or foreign advanced law and change the prosecution mode.Therefore,we should learn from Taiwan and Germany.This is the best prosecution mode that victim choose public prosecution or private prosecution.The litigation mode of“ to be handled only upon complaint” will change private prosecution to the parallel mode of public prosecution and private prosecution.Correspondingly,we will increase the number of Crime Handled Only with Complaint.Finally,through the reform of the system,the system is more operational and more practical significance,so that victims feel a fairness and justice judicial circumstance that the law to give.