大陆法系各国（地区）亲告罪立法之比较

告诉乃论制度对充分保障被害人权利、实现刑罚谦抑、促进刑事和解具有重要意义。大陆法系各国均规定了数量庞大的亲告罪,我国的亲告罪名却很少,类型也很单一。制约亲告罪范围扩大的真正原因在于我国亲告罪告诉机制的缺陷。我国刑法与刑事诉讼法对亲告罪告诉权的救济性规则缺乏,亲告罪与自诉罪混淆,告诉权与证明责任混淆,告诉制度不完善。通过归纳、比较各国刑事立法例中的优劣,认为我国可采被害人可自由选择自诉的混合起诉制,以弥补亲告罪告诉机制的缺陷。

Comparison on the Legislation of Prosecution at Accuse in Civil Law System

The institution of prosecution at accuse is important to protect the victim,restrain the punishment and promote the criminal reconciliation.The regulation of prosecution at accuse in China is rarely and single-typed,but plenty in the civil law system.The defect in the procedure of prosecution at accuse is the primary cause which holds back to add the number of the institutions of prosecution at sccuse.In our criminal law and criminal procedural lawt,he complementary rules of prosecution at accuse are lacking,prosecution at accuse is confused with private prosecution,the right of accuse is confused with the burden of proof,and the system of accuse is imperfect.In this article,the author induces and compares the advantage and fault in the criminal law and criminal procedural law in the civil law systema,nd indicates that the mixed prosecute system in which the victim are free to chose so as to remedy the defect of the procedure of prosecution at accuse.