我国刑事起诉程序的不足与完善

我国刑事立法中自诉案件存在的不足主要表现为自诉案件范围过于宽泛,自诉与公诉转换条件模糊,因而自诉程序的价值难以发挥。应当限制自诉案件的范围,对由公安机关立案侦查的自诉案件,被害人有是否提起公诉的决定权。

The Deficiency of Criminal Prosecution Procedure in China and its Perfection

In criminal legislation in China, the deficiency of the case of private prosecution lies in its wide scope and the ambiguity of transferring condition between private prosecution and public prosecution, which results in the value lose of private prosecution procedure. Therefore, it is necessary to confine the scope of cases of private prosecution and the victim has the right to decide whether to proceed with public prosecution.