自诉案件的公诉化——公安机关与人民法院立案范围的界定研究

在我国刑事诉讼案件职能管辖中,公安机关与人民法院的分工存在交叉。人民法院自诉范围的扩大化,不仅不符合国际立法的趋势,也给被害人行使控告权带来了许多限制,妨碍其获得司法救济。大量自诉案件的公诉化,给实际操作也造成了混乱。立法应对自诉案件的范围做一调整,将有暴力、隐蔽特征、取证困难的案件划归公安机关管辖,尽量避免自诉案件的公诉化,以明确两部门之间的立案分工。

Private Prosecution Cases' being Pubic Prosecution

There're overlapping parts of the jurisdiction over criminal prosecution of police organs and people's courts in China. The range of people's courts'private prosecution is expanding, which does not accord to the trend of international legislation and pre-rents the accused from obtaining judicial reparation by limiting their excising the right of complaint. It has caused eonfusion that too many private prosecution cases became public ones. The author holds that legislation should adjust the range of private prosecution and clearify the jurisdiction between police organs and people's courts.