论文部分内容阅读
自诉是指被害人及其法定代理人或近亲属追究被告人的刑事责任,直接向法院提起公诉的控诉形式。根据自诉进行的诉讼程序,称为自诉程序。在国家追诉主义占主导地位的现代刑事诉讼中,自诉是着眼于保护被害人利益的必要补充,是刑事诉讼实行国家追诉主义兼采私人追诉主义的产物。与公诉相比,由于控诉主体和控诉形式不同,自诉有其独特之处。建立刑事自诉制度的意义在于:（1）在权衡国家利益与被害人个人利益后,对于一些轻微的属于侵犯公民个人利益的犯罪,将追究被告人刑事责任的权力交由被害人行使,有利于案件的解决与社会的稳定。（2）可以降低诉讼成本,提高诉讼效益,节约司法资源。
Private prosecution refers to the victims and their legal representatives or close relatives to pursue the criminal responsibility of the defendant, prosecution directly to the court to prosecute the form. According to private prosecution proceedings, known as the private prosecution procedures. In the modern criminal prosecution dominated by state prosecution, the private prosecution is a necessary complement to protect the interests of victims and is the product of the implementation of state prosecution and private prosecution in criminal proceedings. Compared with the public prosecution, the private prosecution has its unique features because of the different types of complaints and the different forms of complaints. The significance of establishing a system of criminal private prosecution lies in: (1) After weighing the interests of the state and the individual interests of victims, for some minor crimes that infringe on the personal interests of citizens, the criminal prosecutorial authority of the accused shall be handed over to the victim for exercise of his rights, which is in favor of the case Solve social stability. (2) can reduce litigation costs, improve litigation efficiency and save judicial resources.