2001Xiandai faxueRequires access

On Reconstructing the Private Prosecution System of Criminal Cases

MA Xiang-zneng

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Abstract

The present private prosecution system of criminal cases is constructed according to the newly promulgated Criminal Procedural Law of the P.R.C. It should be regarded the original legislation intention of the criminal private prosecution system of criminal cases is good. However, during the specific judicial practice, the system gradually shows its drawbacks. The root of these problems lies in the unreasonable distribution of the judicial power. To solve the unreasonable distribution of the judicial power is to strengthen the procurator organ's various functions endowed with by law, which is the key in reconstructing a new criminal private prosecution system.

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What this paper is about

The present private prosecution system of criminal cases is constructed according to the newly promulgated Criminal Procedural Law of the P.R.C. It should be regarded the original legislation intention of the criminal private prosecution system of criminal cases is good. However, during the specific judicial practice, the system gradually shows its drawbacks. The root of these problems lies in the unreasonable distribution of the judicial power. To solve the unreasonable distribution of the judicial power is to strengthen the procurator organ's various functions endowed with by law, which is the key in reconstructing a new criminal private prosecution system.

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Available abstract

The present private prosecution system of criminal cases is constructed according to the newly promulgated Criminal Procedural Law of the P.R.C. It should be regarded the original legislation intention of the criminal private prosecution system of criminal cases is good. However, during the specific judicial practice, the system gradually shows its drawbacks. The root of these problems lies in the unreasonable distribution of the judicial power. To solve the unreasonable distribution of the judicial power is to strengthen the procurator organ's various functions endowed with by law, which is the key in reconstructing a new criminal private prosecution system.

Key concepts: Criminal procedure, Law, Legislation, Criminal law, Political science, Power (physics), Procedural law, Physics

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