In cases of public prosecution and private prosecution cases.

The criminal case is sued in different subjects divided into public prosecution and private prosecution cases. In our country, the prosecution of the case body can only be a people's Procuratorate, any other organs and individuals have no right to sue. Cases of private prosecution in that case is pure private prosecution, absolute private prosecution, completely exclude prosecution. That means victims dear tell just processing. Article ninety-eighth of the criminal law, if the victim because of coercion, intimidation and cannot tell, people's Procuratorate or a close relative of the victim may also tell. In this case, how the nature of lawsuit told people's Procuratorate? A kind of viewpoint thinks, the people's Procuratorate is the national prosecuting authority, the lawsuit is only a public prosecution, because the victim cannot tell and told by the people's procuratorates, the nature of lawsuit from private prosecution into public prosecution. The author does not agree with this view. That crime victims to tell right is a kind of right in rem, any organization or individual shall override the exercise of this right, the judicial organs shall be investigated for criminal responsibility cannot decide whether a crime, shall be investigated for criminal responsibility of criminal victim decided entirely by themselves. Only when the victim because of coercion, intimidation and cannot tell the case, the people's Procuratorate to get right. When the people's Procuratorate is the representative of the will and interests of the victim told, the litigation status equivalent to the victim's agent, but the agent is a special form of proxy, the scope of its legal nature is private prosecution, litigation procedure should be performed in a case of private prosecution in accordance with the provisions of the law. So, the specific reasons and:
   First, laws under certain conditions can be transformed into private prosecution cases of public prosecution, and does not require that the case can be transformed into a case of public prosecution that the nature of lawsuit, people's Procuratorate told from private prosecution to no legal basis for the prosecution's point of view.
   Second, the article ninety-eighth of the criminal law of the people's Procuratorate and the victim's close relatives are specified as the main body can tell the regulations, the litigation status of the same, belonging to private prosecution cases close relatives tell is self-evident, however, the people's Procuratorate and the same close relatives litigation status to tell, but by private prosecution into the nature of lawsuit the prosecution, which both from the theory, or from the logic is justified (1). If these two different body tell really different procedures, then the law can be defined as "if the victim...... Can't tell, the people's procuratorate can also be prosecuted ", but no such provisions of law. Indeed, ninety-eighth of the law is the substantive law is not law, but the law does not stipulate the people's procuratorate can tell just processing of criminal prosecution.
   Third, the public prosecution is a kind of public power, although it also represents the victim in the public prosecution cases filed interests, but more are on the maintenance of social public interests view drew on the offender shall be investigated for criminal responsibility, this is a purely authority behavior, not to transfer to the will of others, even if the victim does not stop the organs in exercising their functions and powers. Tell is a kind of private rights of citizens, is a right of action to protect individual rights, the exercise of rights and not entirely by the victims themselves, the people's Procuratorate to tell, must comply with the statutory conditions, and shall not violate the victim has shown interesting table express or inferred. So in this case the people's Procuratorate told direct maintenance is mainly the victim himself private rights, rights of property should be considered to belong to the scope of private prosecution.
   Fourth, will tell to deal with cases as cases of public prosecution proceedings, will deprive the victim before the judgment is pronounced, can arrange a settlement with the defendant or withdraw the prosecution, can appeal the legal rights of criminal and civil part can be a trial, is a serious violation of the victim's right of action.
   However, whether the judicial practice for that crime can be used as a case of public prosecution has the cognition is not a and practices of the differences, some believe that as long as it is to protect the interests of victims, the criminal legal, even if the victim does not tell, the judiciary also can be used as the cases of public prosecution, trial. Practice has such case (2). Commentators have criticized this knowledge and practice, points out that this violated the "law" principles of the socialist legal system, deprived of the prosecutor's right of action, which is the entity law, procedure law concept of the performance of light (3). But the theory does not have procedures for dealing with this situation put forward opinions. The author tell just processing cases of non normal program put forward his own opinion disposal are as follows.
   (a)Investigation, review and prosecution of disposal
    1, the victim that their legitimate rights and interests of crime, report to the public security organs and public security organs for help, actively accept, make the necessary investigation, help the victims and restore the loss should be reduced, but also the responsibility of. Identified the behavior people committed crime does not belong to the crime and is told to deal with crime, the public security organ shall immediately stop the criminal accountability, to withdraw the case decided according to the fifteenth law of criminal procedure, and in accordance with the law regarding jurisdiction shall, inform the victim has the right to decide whether to prosecute to the people's court. Directly accepted by the people's procuratorates self investigation cases encountered similar case also shall be handled in accordance with this principle.
    2, the people's Procuratorate to the public security organs for prosecution, if the public security organ is directly to tell crime prosecution, or prosecution is indictable offense, but the review considered tell crime, shall be subject to the jurisdiction in error, in accordance with the provisions of article 142nd of criminal procedure law, make a decision not to initiate. If the people's Procuratorate in the examination and approval of the arrest is encountered for the same reason, you should make a decision not to approve arrest.