Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 176 If a people's procuratorate considers that the criminal facts of a criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision on prosecution, institute a public prosecution in a people's court in accordance with the provisions on trial jurisdiction, and transfer the case files and evidence to the people's court. If the criminal suspect pleads guilty and admits punishment, the people's procuratorate shall put forward sentencing suggestions on the main punishment, additional punishment and whether to apply probation. And collect confessions, confession statements and other materials with the case.
Article 211 After examining a case of private prosecution, the people's court shall handle it according to the following circumstances: (1) A case with clear criminal facts and sufficient evidence shall be heard in court; (2) In a case of private prosecution lacking criminal evidence, if the private prosecutor cannot provide supplementary evidence, he shall persuade the private prosecutor to withdraw the private prosecution or make a ruling to dismiss it. If the private prosecutor refuses to appear in court without justifiable reasons after being summoned twice according to law, or withdraws from court without the permission of the court, it shall be treated as withdrawal. In the course of court hearing, if the judges have doubts about the evidence and need to investigate and verify it, the provisions of Article 196 of this Law shall apply.