Study On The Litigation Reform Of Criminal Complaint System

This thesis puts forward the criminal complaint system's litigation reform.The criminal complaint is a kind of litigation right.Related procedures caused by the criminal complaint,such as complaint review and retrial,shall possess the characteristics of the lawsuit.Although the criminal complaint conflicts with some litigation basic ideas,such as “non bis in idem”,“theory of res judicata”,etc.,the criminal complaint in a sense is the baseline of criminal procedure remedial measures,which means criminal complaint and its litigation reform have a reasonable and proper theoretical basis.The direction of reform should be based on the existing problems of the criminal complaint system in China.Ut infra,the subjects of criminal complaint have no main point;the jurisdictions of the criminal complaint are unreasonable;the reasons for the criminal complaint are vague;the criminal complaint review procedure is not standardized;the statute of limitations on criminal complaint is unreasonable;the relationship between the criminal complaint and retrial is not clear.This thesis responds the above problems respectively,and puts forward the specific solutions for the criminal complaint litigation reform in China.First,the subjects of criminal complaint should make some adjustments,excluding the victim's “main parties” status,increasing the unit as the parties of criminal complaint.Second,the jurisdictions of criminal complaint should be distinguished the functional jurisdiction and the jurisdiction by level system,and the level of jurisdiction should follow the principle of avoidance while the exception is the level above the superior court.Third,it should distinguish between “the false determination of facts” and “erroneous law application”,and carry out the diversion of complaint review.Fourth,the reasons for criminal complaint should be distinguished between in favor of the original defendant and the discrimination against the original defendant.Fifth,the criminal complaint review process should be divided into: the complaint case registration,retrial licensing examination,retrial reason substantial review and starting the retrial,while each stage shall be in conformity with the characteristics of the lawsuit.