1, apply to the public security organ for reconsideration and review.
After reporting the case, the public security organ does not agree to file a case, and if it refuses to accept the decision not to file a case, it may apply for reconsideration to the public security organ that made the decision; When making a decision, the public security organ shall notify the informant in writing. If the informant refuses to accept the decision not to file a case for reconsideration, he may apply for reconsideration to the public security organ at the next higher level; Decided by the public security organ at the next higher level.
The public security organ shall examine the materials of reporting, accusing, reporting and surrendering, and if it considers that there are criminal facts that need to be investigated for criminal responsibility, it shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case will not be filed and the informant will be informed of the reasons for not filing the case. If the informant refuses to accept it, he may apply for reconsideration.
2. lodge a complaint with the procuratorate
If the victim, his legal representative, close relatives or administrative law enforcement organs think that the public security organ should file a case for investigation instead of filing a case for investigation, or if the parties think that the public security organ should not file a case and file a case with the procuratorate, the procuratorate shall accept and examine it.
If the procuratorial organ finds that there may be a situation in which the public security organ should file a case for investigation instead of filing a case for investigation, it shall conduct a review according to law. If the procuratorate receives a complaint, reports or finds that the administrative law enforcement organ does not transfer the suspected criminal case, it shall put forward procuratorial opinions to the administrative law enforcement organ and ask it to transfer the suspected criminal case to the public security organ or the procuratorate in accordance with the provisions on jurisdiction.
The procuratorate applies to the control department to accept the complaints and appeals that the public security organ should file a case but not or should not file a case, and conduct a review according to the facts and laws. The complainant or informant may be required to provide relevant materials. If the public security organ deems it necessary to explain the reasons for not filing a case or filing a case, it shall promptly transfer the case to the investigation and supervision department for handling.
3. Bring a criminal private prosecution to the court.
Article 210th of the Criminal Procedure Law stipulates that cases of private prosecution include the following cases:
(a) inform the handling situation;
(2) Minor criminal cases proved by the victim;
(3) Cases in which the victim has evidence to prove that the defendant has infringed upon his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 178 of the Procedures for Handling Criminal Cases by Public Security Organs. After accepting a case, the public security organ considers that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction and are approved by the person in charge of the public security organ at or above the county level; If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
If a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and serve it on the complainant within three days.
If new facts or evidence are found after deciding not to file a case, or if the original facts are found to be wrong and need to be investigated for criminal responsibility, the case shall be filed in time.