Dilemma and Solutions of the Establishment of Private Prosecution System

In fact,private prosecution system is a limited retention in China's Criminal Procedure Law to civil prosecuting right.But in the operation of private prosecution system,there exist the vast difference between actual operation situation and establishing objective,the profound changes in the behavior foundation of a private prosecutor's advocating rights,the comparative weakening of the private prosecution system's proof standard settings and the private prosecutor's capability of obtaining evidence,and the problems which happened when the private prosecution system becoming the way of sharing national burden in actual judicature layer.So there are doubts about the value and existence of the private prosecution system.However,for the aim of the Criminal Procedure Law,the restriction and advocates of rights,the sound requirement of the operating way of criminal procedure and the private prosecution system should be preserved and improved in order to promote the good operation of the private prosecution system.The improving methods include widening the actionable condition of private prosecution cases,establishing the national helping mechanism in the operation of the private prosecution system,establishing the private helping mechanism for the private prosecution system obtaining evidence and fully exerting the founction of prosecutorial supervision.