我国刑事自诉制度的反思与重构

Researches on the Right of Criminal Private Prosecution

自诉制度在刑事司法中的存在具有现实合理性与正当性;从我国现行立法规定看,存在着自诉案件之范围欠妥当、自诉担当制度缺乏、自诉权行使的程序性规范欠缺等问题,因此,必须有针对性地加以改革完善。

In the domain of criminal proceedings, the private prosecution would be reasonable to expect for a considerable period. Examination and reflections are made on the problems as discerned in China's present private prosecution system, such as uncertain scope of the right of private prosecution and the incomplete and unsound procedures within which the right is exercised, etc. We should reform China's present private prosecution system.