A Study On Prosecution Mechanism Of The Cases Chargeable Only Upon Complaint

The original intention of the prosecution only upon complaint system was to restrict public power and protect the interests of victims.As a remedy system,the private prosecution system aims to prevent passive inaction by public power.Therefore,the prosecution only upon complaint system and the private prosecution system are not the same,and there is no essential link between the two.China’s judicial practice has always equated the private prosecution system with the prosecution only upon complaint system,which has caused many problems,such as incorrect understanding of "complaint",difficulty in protecting the legal interests of victims,and lack of a standardized structure for handling private prosecution to public prosecution.In view of the above problems,this paper compares the current situation of legislation and theory at home and abroad,studies cases chargeable only upon complaint in China,analyzes the logical relationship between legal provisions,explores the purpose of legislation,and seeks to improve prosecution mechanism of the cases chargeable only upon complaint,in order to contribute to the development of China’s the prosecution only upon complaint system.Besides the preface,there are five sections in this paper.The first part is the connotation of prosecution mechanism of the cases chargeable only upon complaint;The second part is the theoretical basis of the prosecution mechanism of the cases chargeable only upon complaint,and this paper considers that there are mainly two theoretical foundations: the inherent theory of the victim’s right to self-prosecution and the theory of the transfer of the state’s public prosecution power.The third part is the content and existing problems of China’s prosecution mechanism of the cases chargeable only upon complaint,which is the emphasis of this paper.By elaborating on the type selection and type performance of China’s prosecution mechanism of the cases chargeable only upon complaint,the content of China’s prosecution mechanism of the cases chargeable only upon complaint is elaborated,and its existing problems are analyzed accordingly;The fourth part is to construct a dual prosecution mechanism that parallelizes public prosecution and private prosecution,which is divided into two stanzas: the necessity of the dual prosecution mechanism for public prosecution and private prosecution and the specific measures for constructing the dual prosecution mechanism for public prosecution and private prosecution;The last part is a summary of the full text,following the writing ideas of this article,and making a global summary of the research results.