The Procuratorial Organ In The Crime Of Personal Indictment Is The Procedural Research On The Indictment

The types stipulated in the Criminal Procedure Law of China are not specific enough,and the selection of procedures by procuratorial organs in the process of confession in person is vague,which leads to the fact that the rights and interests of the victims of domestic violence crimes cannot be well protected.It is necessary to improve the legislation,procedure selection,and effective protection of the personal rights and interests of the victims of domestic violence.<About to deal with the opinions of the family violence crimes>the article 9 of the regulations of power of procuratorial organs have to tell,but for to tell the choice of prosecution procedure did not make clear a regulation,after the educational world opinion is not unified,lead to applicable foreground is not optimistic.This paper with its for procuratorial organ to tell after the prosecution procedure selection positioning,on the program is to provide a better choice for the victim,on the basis of given its option to fully autonomous,domestic violence victims can choose,at the same time also have the right to choose its own on prosecution way,can choose,can also choose to prosecution indictment also should bear the corresponding legal consequences,both to maintain Prosecution set legislative intent,at the same time on the program is to provide a better choice,can not only keep intimate family relationship,and to maintain social order,crack down on crime,let the<anti-family violence law>effect maximize.This paper consists of three parts.The first part is from Chapter 1 to Chapter 2,introduces the pro confessionary that exist in the legislative value and the practice and the prosecution and the necessity of the procuratorial organ to tell and functional analysis,concealment,a specific space,little-known are the characteristics of domestic violence crime,is also a special family violence crimes,when domestic violence crime constitute the crime of abuse,and because of abuse crime belongs to the Prosecution,legislation in the regulation of pro confessionary to a certain extent the involvement of the organs of state power will be excluded,national laws to keep the respect of the litigation right of the parties,But if the victim can not tell or can not prove the various difficulties,the necessity of the intervention of the organs of public power,the difficulties existing in the intervention of the organs of public power to eliminate to protect the rights and interests of the victim;The second part is the Chapter 3,which introduces the provisions of the crime of personal confession in foreign laws,makes a comparative analysis,and finds out the experience that is suitable for the domestic violence crime in China to be transformed into the crime of personal confession.The third part is the Chapter 4,which introduces the two kinds of procedure choice after the procuratorial organ tells on behalf of the victim,namely the private prosecution procedure and the public prosecution procedure.Under the premise of respecting the victim's will,the procedure positioning is carried out,the case is open to the public prosecution procedure,and the relief and protection of the victim's rights and interests are realized.