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
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.
