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| 中华人民共和国刑事诉讼法（英文版）（下） |
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| http://www.dffy.com 2007-1-19 17:22:31 来源：东方法眼 |
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(1) cases to be handled only upon complaint;
(2) cases for which the victims have evidence to prove that those are minor criminal cases; and
(3) cases for which the victims have evidence to prove that the defendants should be investigated for criminal responsibility according to law because their acts have infringed upon the victims personal or property rights, whereas, the public security organs or the People s Procuratorates do not investigate the criminal responsibility of the accused.
Article 171 After examining a case of private prosecution, the People s Court shall handle it in one of the following manners in light of the different situations:
(1) If the facts of the crime are clear and the evidence is sufficient, the case shall be tried at a court session; or
(2) In a case of private prosecution for which criminal evidence is lacking, if the private prosecutor cannot present supplementary evidence, the court shall persuade him to withdraw his prosecution or order its rejection.
If a private prosecutor, having been served twice with a summons according to law, refuses to appear in court without justifiable reasons, or if he withdraws from a court session without permission of the court, the case may be considered withdrawn by him.
If during the trial of a case the judges have doubts about the evidence and consider it necessary to conduct investigation to verify the evidence, the provisions of Article 158 of this Law shall apply.
Article 172 A People s Court may conduct mediation in a case of private prosecution; the private prosecutor may arrange a settlement with the defendant or withdraw his prosecution before a judgment is pronounced. Mediation shall not be conducted for cases stipulated in sub-paragraph (3) of Article 170 of this Law.
Article 173 In the process of the proceedings, the defendant in a case of private prosecution may raise a counterclaim against the private prosecutor. The provisions governing private prosecutions shall apply to counterclaims.
Article 174 The People s Court may apply summary procedure to the following cases, which shall be tried by a single judge alone:
(1) cases of public prosecution where the defendants may be lawfully sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or punished with fines exclusively, where the facts are clear and the evidence is sufficient, and for which the People s Procuratorate suggests or agrees to the application of summary procedure;
(2) cases to be handled only upon complaint; and
(3) cases prosecuted by the victims, for which there is evidence to prove that they are minor criminal cases.
Article 175 For a case of public prosecution that is tried through summary procedure, the People s Procuratorate may send no procurators to the court. The defendant may present a statement and defend himself regarding the crimes accused in the bill of prosecution. In cases where the People s Procuratorate sends procurators to the court, the defendant and his defenders may, with permission of the judges, debate with the public prosecutor.
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本文关键词：刑事诉讼
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