Private Proseacution Cases Study
|Keywords||Public Prosecution Private Prosecution Mediation|
On January 1, 1997 of the implementation of the "criminal procedural law" retained the criminal prosecution system, and the expansion of the form of the large range of private prosecution, this was the strong criticism in the theoretical circle. Most of these know embodied in qualitative level, criticizing the system more, and found that the problem, and explain the reasons for the less. Based on the current situation, this paper by empirical analysis method tries to reveal hidden behind "invisible factors". This article through empirical analysis method to form a case of judicial practice in the running situation of the investigation and study, its purpose is to explore the differences between the legislative and judicial. Based on the analysis of samples from shaanxi xx county people’s court in 2003 2010, eight years of accept private prosecution cases, analysis the unit is a case study in the trial, the method is quantitative index, and through a lot of data statistics and comparison to pursue speculative and experience, combining with the solid phase but ought to confirm. The letter divides into the introduction, the text and the three parts, body and divided into three parts.The first part is for the analysis of the samples, mainly through the statistical induction in the sample data to reflect the current form effective in private prosecution in the practice of the operation. Based on the cause of the case of private prosecution, the processing results, judge organization constitution, the trial program, agency and defense shall analysis, each part in accordance with the form-are conclusion this structure to be analyzed.The second part is from the point of view of the trial practice, and puts forward a case in the existing problems in practice, there are three main problems, one, private prosecution in the practice itself, the number of smaller, more concentrated involved charges less; Second, the private prosecutor lack of evidence or withdraw the court charged high proportion; Third, private prosecution in the case of the high proportion of court mediation has re-adjusted sets phenomenon and its causes are analyzed.The third part is a case in practice and solutions to the problems of the existing. From the rational set the scope of accepting a case of private prosecution, the relevant evidence of system perfect, private prosecution mediation should be paid attention to three are expounded.