In criminal justice, a victim has the right to file prosecution against crimes. The right can be exercised in two different manners. One is that the victim assists public prosecutor in brining a prosecution. The other...In criminal justice, a victim has the right to file prosecution against crimes. The right can be exercised in two different manners. One is that the victim assists public prosecutor in brining a prosecution. The other is the victim files a suit to the court personally. Public prosecution is a main way in criminal justice while in some countries there exists system of private prosecution. Cases of private prosecution are usually of simple or minor ones. Public prosecution with the supplement of private prosecution is one of the principles of the system of criminal prosecution in China. However, according to the third section of article 170 of the Chinese Criminal Procedure Law, all cases of public prosecution may change as cases of private prosecution, as victims are given a broad right to initiate private prosecution. The right, therefore, may be easily abused. In judicial practice, cases of private prosecution are usually rejected, because the judge sets a high threshold in accepting cases. In reforming the system of criminal prosecution in China, importance should be attached to the issue of the way to coordinate the relationship between public and private prosecutions and the way to promote balance between protecting defendants and victims.展开更多
不捕理由,应当用简洁的文字,工整清晰地填写在《不批准逮捕决定书》上,连同案卷材料一并送达公安机关执行。根据不捕的20种情形,不捕理由应规范表述如下: 1.依法不追究刑事责任的,表述为: (1)犯罪嫌疑人x x x实施x x行为,情节显著轻微...不捕理由,应当用简洁的文字,工整清晰地填写在《不批准逮捕决定书》上,连同案卷材料一并送达公安机关执行。根据不捕的20种情形,不捕理由应规范表述如下: 1.依法不追究刑事责任的,表述为: (1)犯罪嫌疑人x x x实施x x行为,情节显著轻微、危害不大,依据《中华人民共和国刑法》第十三条之规定不认为是犯罪。 (2)犯罪嫌疑人x x x所犯x x罪,已过《中华人民共和国刑法》第八十七条规定的追诉时效期限。 (3)犯罪嫌疑人x x x所犯x x罪,已经x x x特赦令免除处罚。 (4)犯罪嫌疑人x x x所犯x x罪依据《中华人民共和国刑法》x x x条之规定,属告诉才处理的案件,应由人民法院直接受理。展开更多
文摘In criminal justice, a victim has the right to file prosecution against crimes. The right can be exercised in two different manners. One is that the victim assists public prosecutor in brining a prosecution. The other is the victim files a suit to the court personally. Public prosecution is a main way in criminal justice while in some countries there exists system of private prosecution. Cases of private prosecution are usually of simple or minor ones. Public prosecution with the supplement of private prosecution is one of the principles of the system of criminal prosecution in China. However, according to the third section of article 170 of the Chinese Criminal Procedure Law, all cases of public prosecution may change as cases of private prosecution, as victims are given a broad right to initiate private prosecution. The right, therefore, may be easily abused. In judicial practice, cases of private prosecution are usually rejected, because the judge sets a high threshold in accepting cases. In reforming the system of criminal prosecution in China, importance should be attached to the issue of the way to coordinate the relationship between public and private prosecutions and the way to promote balance between protecting defendants and victims.
文摘不捕理由,应当用简洁的文字,工整清晰地填写在《不批准逮捕决定书》上,连同案卷材料一并送达公安机关执行。根据不捕的20种情形,不捕理由应规范表述如下: 1.依法不追究刑事责任的,表述为: (1)犯罪嫌疑人x x x实施x x行为,情节显著轻微、危害不大,依据《中华人民共和国刑法》第十三条之规定不认为是犯罪。 (2)犯罪嫌疑人x x x所犯x x罪,已过《中华人民共和国刑法》第八十七条规定的追诉时效期限。 (3)犯罪嫌疑人x x x所犯x x罪,已经x x x特赦令免除处罚。 (4)犯罪嫌疑人x x x所犯x x罪依据《中华人民共和国刑法》x x x条之规定,属告诉才处理的案件,应由人民法院直接受理。
