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Some Problems of Criminal Private Prosecution

Author: ZuoJianLong
Tutor: LiuMei
School: China University of Political Science
Course: Legal
Keywords: Private criminal prosecution Problems Ways to Improve
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 98
Quote: 0
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Abstract


Private criminal prosecution is one of the oldest in human history , resulting in one of the earliest forms of action , but with the development of human history , the countries in the world private prosecution litigation system where the proportion is very small , and there is growing trend of contraction , there is countries such as France and Japan have canceled the private prosecution system . Even in this regime retained countries such as Germany , Austria and other scope of private prosecution is also strictly limited to a small range . While China's Criminal Procedure Law passed in 1996 to modify the scope of the private prosecution a wide range of expansion theory and judicial practice on this issue a lot of attention , in judicial practice , China's criminal private prosecution system , there are many problems should be solved , this paper mainly discussed from three parts : the first chapter : a general overview of the criminal private prosecution system , in this section mainly introduces the concept and characteristics of private prosecution , criminal private prosecution in the present situation in China and so on. Chapter II : Problems and private criminal prosecution solving approach , which is the main part of this article , our legislation provides for three types of problems in private prosecution conducted in-depth analysis, and the corresponding perfect way . Chapter Three : To investigate the criminal private prosecution proceedings problems , brought a private prosecution introduced the main issues , the private prosecutor difficult problems of proof and standard of proof issue of private prosecution cases .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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