Research On The Prosecution System Of Crimes Handled Only Upon Complaint

For a long time,the mainstream view of Our country has always been that the concept of the prosecution of crime refers to the victim to the people’s court before the court,that is,can only be handled as a private prosecution case.But with the deepening of the educational world to tell only processing system research,another is emerging: tell to handle refers to the prosecution of this kind of crime belongs to the victim,when the victim active crimes reported to the public security judicial authorities or lodge a lawsuit to the court,the judicial organs of public security to according to the prosecution of the victim will help them to participate in criminal proceedings,namely the victim to tell to The right of action enjoyed by rational crime can point to either private prosecution procedure or public prosecution procedure.Because the current criminal legislation of our country equates criminal prosecution with private prosecution,the way of public prosecution is excluded from the relief way of criminal prosecution,so the prosecution of criminal prosecution in our country is faced with the dilemma of the victim’s "power incompetence" and the prosecution of embezzlement.The establishment of prosecution procedure in dealing with the crime before telling the victim must take into account two key points: one is that the prosecution must conform to the victim’s real will and is the result of the victim’s free choice;Second,once the victim has made the choice of prosecution,prosecution should be carried out effectively.The former relates to the voluntary initiation of the case before being informed,while the latter relates to the effective prosecution of the case before being informed.In other words,to tell just dealing with criminal prosecution mechanism of rebuilding,is a feasible way is to take the prosecution in a parallel manner and by the public security organs and procuratorial organs prosecution,according to the victim is willing to tell that the victim decided to prosecute a crime,after can be charged to the public security organ,and then by the investigation organs prosecution according to the prosecution procedure,may also directly bring a suit in court prosecution.From a comprehensive analysis,the research on how to deal with crimes by telling talents is of far-reaching significance.However,the definition of "telling talents" has been misunderstood for a long time in China,and the problems in judicial practice also need to be solved urgently.Then,it is particularly important to perfect the system of prosecuting the crime.Starting from the theoretical basis and procedural concept of the system of criminal prosecution handled by the talent for information,this paper reiterates that the main legal purpose of the system is to guarantee the dynamic balance between the victim’s right of action and the state’s right of action,reveals the defects of the simple private prosecution system of the case handled by the talent for information,and puts forward suggestions for improvement.It mainly includes four parts: first of all,the author expounds the connotation of the historical origin,the characteristics,the relationship with the procedure of private prosecution,the theoretical basis and procedure of the system of prosecution.It is pointed out that the system of dealing with the crime by telling the offender is guided by the theory of the victim’s right of action and harmonious judicial norms,and set up with the voluntariness and effectiveness of prosecution as the procedural goal.Second,according to processing can make only tell very system and brings forward model of logic,display at the extraterritorial legislation example,introduce outside to tell t body,scope,relevant tell right system,as well as international told to handle cases prosecution three models and its characteristics,once again,pointed out our country told to deal with problems and defects existing in the system.Simple from the class system imposed on the victim of the prosecution task not only back the purpose of the law,but also lead to ineffective prosecution,the system urgently needs to be new,the prosecution machine suddenly for the class system as the victim to tell the right to the bottom of the relief,the scope of application is too narrow,the formation of the prosecution of the vacuum of education;There are differences and no relevant handling regulations when close relatives tell on their behalf: the period of silent loss of information and the provisions of withdrawal of information system;The phenomenon of wrong public prosecution of embezzlement crime.In the end,some suggestions are put forward,including including the legal action into the way of prosecuting the crime,perfecting the provisions of the right to tell the crime,and distinguishing the crime of embezzlement between relatives and non-relatives.This paper hopes to analyze the basis,problems and improvement suggestions of the system of criminal prosecution by telling talents,and put forward some suggestions,which will be helpful to the development of the system of criminal prosecution by telling talents.