根据刑事诉讼法及相关司法解释的规定,我国对自诉案件的适用主要包括三类:告诉才处理的案件;被害人有证据证明的轻微刑事案件;被害人有证据证明对被告人侵犯自己人身、财产权利的行为应当追究刑事责任,而公安机关或者人民检察院不予追究被告人刑事责任的案件。在这三类案件中,第二类性质的案件介乎公诉与自诉之间,两者之间的关系衔接在实践中争议比较大。以生活中常发、多发的故意轻伤害案件为例,大部分本可以通过自诉程序消化的案件却有意或无意地走公诉程序,既浪费了本就紧张的司法资源,又使类似案件的处理结果大相径庭,有损法律的严肃性和权威性。 According to the provisions of the Code of Criminal Procedure and related judicial interpretations, there are three main types of cases that we can apply for private prosecutions in our country: cases that have been dealt with before; minor criminal cases that have been proved by the victim; evidence of evidence that the defendant violated his personal rights Shall be held criminally responsible and the public security organ or people’s procuratorate shall not investigate the criminal responsibility of the defendant. Among the three types of cases, the second type of cases are between prosecution and private prosecution. The connection between the two is controversial in practice. Take the cases of frequent and frequent minor injuries in life as an example. Most of the cases that could have been digested through the private prosecutorial proceeding, either consciously or unconsciously, were prosecuted. This not only wrecked the already tight judicial resources but also resulted in the handling of similar cases Very different, detrimental to the seriousness of the law and authority.