A Study on the Defects and Correction of the System of Complaint and Accusation:From the Perspective of Article 117 of the Criminal Procedure Law
The complaint and accusation system set up in Article 117 of the Criminal Procedure Law is of great significance to the relief of civil rights,but there are some shortcomings in the design of the system:judicial torts must be dealt with by the tortious authorities themselves,and the complaint and accusation procedures are improper;When the litigant is not satisfied with the result of the complaint and accusation handled by the infringement authority,he can only appeal to the procuratorate,which makes the procuratorate surpass the court and become the main body of the ultimate right relief obliga-tion,and the complaint and accusation structure is distorted.There is only a timely request but no spe-cific processing period regulation,and the complaint and accusation procedure is too flexible;The bur-den of proof of the prosecution and the defense has not been established,and the important content of complaint and accusation is missing;The right of hearing is ignored,and the subject status of the par-ties in the complaint is difficult to manifest.Therefore,in order to promote the development of the rule of law and further strengthen the concept of human rights protection,the defects of the complaint and accusation system in Article 117 of the Criminal Procedure Law should be corrected.
Judicial tortsappeal and chargedefect and correction
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