Though it is applied only to limited criminal cases,the private prosecution system is significant in prosecuting crimes.

Examination and reflections are made on the problems as discerned in China s present private prosecution system, such as uncertain scope of the right of private prosecution and the incomplete and unsound procedures within which the right is exercised, etc.

But in the operation of private prosecution system,there exist the vast difference between actual operation situation and establishing objective,the profound changes in the behavior foundation of a private prosecutor s advocating rights,the comparative weakening of the private prosecution system s proof standard settings and the private prosecutor s capability of obtaining evidence,and the .

The present private prosecution system of criminal cases is constructed according to the newly promulgated Criminal Procedural Law of the P.

The concept of procedure justice and lawsuit system reforming;

On the thought foundation of the lawsuit system modernization;

Through a comparative study on the law and regulations of the shareholder lawsuit system,this article holds that some experience of the system design of the legal derivation lawsuit in Hong Kong can be of good use to us.