A Study On The Grounds Of Criminal Complaints

Criminal complaint is a common legal phenomenon in criminal proceedings.It has not only the relief function of safeguarding the vital interests of the parties,but also the effect of defending judicial justice and legal authority.The scientific criminal complaint system will also play a role in curbing the abuse of public power.Due to the high standards stipulated in the Criminal Procedure Law,the judicial practice of complaints has a state of poor judicial performance.This is undoubtedly not conducive to the realization of the purpose of criminal complaints,and thus will lead to the weakening of judicial credibility and other issues.From the point of view of revising the reasons of criminal complaint,this paper discusses the following three aspects:The first part from the perspective of legislative changes to discuss the reasons for criminal complaints.By dividing it into two major historical coordinates before and after the founding of New China,it is considered that the defect of the clause itself is the main reason for the difficulty and abuse of complaints,and it also provides legislative reasons for its revision.The second part is the judicial status of criminal complaints.The main content is the problems existing from judicial practice.The common problems in the administration of justice are the difficulty of accepting and revising criminal complaints,the lack of order in the exercise of the rights of the applicants,the lack of operational reasons for criminal complaints,and the unlimited application.The third part is the perfect reconstruction of the criminal complaint reason clause.Firstly,it points out that the purpose of criminal complaint is to unify the legal system and protect human rights.Secondly,choose the lower standard according to the actual situation from the current two improvement models to achieve the perfect proposal.