保障被害人起诉权的若干问题研究

为全面和有效保护被害人的合法权益,在自诉程序中,应加强对被害人举证不足案件的国家干预,放宽自诉案件的立案证明要求,证据的"足够"和"充分"程度应是被害人实现胜诉权的要求,不应成为实现起诉权的要求.在"公诉转自诉"案件中,完善向被害人及时送达有关法律文书的规定,保障被害人行使起诉权.被害单位在公诉程序中若不能依法实现控告权,也应允许同被害人一样转向自诉程序.

On Guaranteeing the Right to Private Prosecution of the Injured

In order to completely and effectively protect the legitimate rights and interests of the injured, state's intervention in the case in which the injured can't present sufficient evidence in private prosecution should be strengthened. The requirements of proof in such a prosecution should be loosened. The requirement that the sufficiency and fullness of evidence determines whether the injured wins the lawsuit should not be the requirement of realizing the right to private prosecution. In the case of transition from prosecution to private prosecution, the provision of delivering the relative legal instruments to the injured should be improved. The injured should be guaranteed to exercise his right of private prosecution. In the process of prosecution, the injured enterprise can also be permitted to turn to private prosecution as the injured person does if law can't realize the right of accusation.