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自诉案件是刑事第一审特别程序,设立自诉制度的出发点立足于保护被害人利益,是国家公诉的必要补充。一般的刑事案件都是由检察机关提起公诉,但某些特殊案件涉及被害人的隐私或者是由被害人的亲友熟人所造成的侵害案件,典型的有侮辱、诽谤案;暴力干涉婚姻自由案;虐待案等。就这些案件而言,被害人并不愿意由检察机关介入提起公诉,而且案件事实清楚、简单,犯罪危害后果不大,此时就可以靠提起自诉来寻求法律帮助。但由于提起自诉的主体是被害人而不是强大的检察机关,在诉讼过程中难免会遇到不少困难,再加上现行的刑事诉讼法对自诉制度的规定也有不足之处,自诉人的权利会难以得到保障。本文拟从保障自诉人权利的角度,对自诉案件在第一审程序中的完善提出一些拙见。
The case of private prosecution is the special procedure of the first trial of criminal procedure. The starting point of setting up the system of private prosecution is based on the protection of the interests of victims and is a necessary complement to the national prosecution. In general, criminal cases are prosecuted by public prosecutors. However, some special cases involve the privacy of the victims or infringement cases caused by acquaintances of relatives or acquaintances of the victims, including typical cases of insults and defamation; violence involving freedom of marriage; cases of abuse Wait. In these cases, the victim is not willing to be prosecuted by prosecutors, and the facts of the case are clear and simple, and the consequences of crimes are not great. At this time, he can seek legal help by filing a private prosecution. However, since the subject of private prosecution is a victim rather than a strong prosecutorial body, it will inevitably encounter many difficulties during the litigation process. In addition, the current criminal procedure law has some deficiencies in the provisions of the private prosecution system. The rights of the private prosecutor Difficult to be guaranteed. This article intends to put forward some humble opinions on the improvement of the private prosecution cases in the first instance from the perspective of safeguarding the rights of private prosecutors.