Study On The Exception Of Crime Handled Only With Complaint In China

In China,the crime handled only with complaint first appeared in the law of the tang dynasty,after the founding of new China,79 of the criminal law has set up the crime handled only with complaint,this is the same as many of the civil law countries legislation.The set purpose is to fully respect the will of the victim,for some slight crime by the victim to decide whether to prosecute a crime,if the victim can tolerate the behavior of the actor,the criminal responsibility of the actor will not be investigated.In modern society,the crime was seen as national responsibility,the crime handled only with complaint can be regarded as the transfer of public power to a certain extent,also reflected the austerity of criminal law.With the rapid development of the society,the crime handled only with complaint in our country is also improving constantly.97 the criminal law has increased the crime of embezzlement as the crime handled only with complaint,with this,the crime handled only with complaint includes five crimes,including the crime of insult,the crime of defamation,the crime of violent interference in the freedom of marriage,the crime of abuse and the crime of embezzlement,but compared with other legislation developed continental law system countries,our country the crime handled only with complaint is still not perfect.The crime handled only with complaint as the floorboard of the kind of crime in the criminal law,compared with non the crime handled only with complaint has a special place,in the substantive law and procedural law has a regulation,and in the criminal procedure law belongs to the category of a case of private prosecution,whether actor prosecution is decided by the victim.In our five the crime handled only with complaint except four contain provisions,but did not stipulate in law what is the crime handled only with complaint except regulation,not much concern in the theoretical circle in our country,it is generally believed to the crime handled only with complaint except regulation is close confessionary exception,which don't need to tell the processing,when there is a specific situation,and other non the crime handled only with complaint:by the national penalty power,initiate a public prosecution,can be regarded as a supplement to tell to handle or relief.In our five the crime handled only with complaint only embezzlement except no provisions,but because of the ambiguity of some exceptions in criminal law,academic circles have different and controversial understandings on them.Because of the lack of unified standard,lead to everywhere except for the crime handled only with complaint regulations applicable standard of confusion,leading to the similar cases have been quite large processing result.All of these indicate that the legislation excluding the crime of pro-confession needs to be perfected and its judicial application needs to be further clarified.At the same time,compared with the huge number of overseas pro-prosecution crime and legislative Settings,combined with the actual situation in China,the scope of pro-prosecution crime legislation in China is narrow and needs to be appropriately expanded.At the same time,the existing pro-confession to deal with the exception of the case is not perfect.All of these indicate that the legislation excluding the crime handled only with complaint needs to be perfected and its judicial application needs to be further clarified.At the same time,compared with the huge number of overseas the crime handled only with complaint and legislative Settings,combined with the actual situation in China,the scope of the crime handled only with complaint legislation in China is narrow and needs to be appropriately expanded.At the same time,the present situation is not perfect except for the cases that are dealt with only after confession.The crime handled only with complaint legislation mode(prosecution mechanism)of its own in china,is the absolute private prosecution mode of prosecution,.Similar to civil litigation,which put forward by the victim told to prosecution of perpetrators crime,and the national prosecuting authority says don't participate in,this pattern also constantly exposed its shortcomings in the judicial practice.Compared with the countries outside the crime handled only with complaint legislation pattern,not give full play to the pro confessionary legislative significance.As for the problems existing in the legislation of the crime handled only with complaint,it should be constantly revised and improved on the basis of d rawing lessons from relevant legislative experience abroad.