刑事诉权导论

An Introduction to Criminal Right of Action

刑事诉权理论是刑事诉讼法学的理论基础。其内涵表现为它是向国家审判机关请求的权利,是宪法性基本权利,是程序涵义和实体涵义的统一。其外延在程序上表现为公诉机关的公诉权、刑事自诉人的自诉权和被告人的应诉权,在实体上表现为控辩双方的期待胜诉权。其本质特征表现为它是由宪法保障、国民平等享有的权利,对审判权具有制约性,自身具有程序性。刑事诉权理论为当事人主义审判机制的存在和发展及侦查权的刑事诉权属性奠定了理论基础,为当事人在刑事诉讼中的具体权利的合理配置、公诉案件中被害人诉讼主体地位及一些新型刑事诉讼制度和原则的引进和确立提供了理论依据。

The theory of criminal right of action is the theoretical basis for criminal procedural law. Its connotation reflects in having the rights of making appeals to the state＇s trial organs, which is the basic constitutional right and the unification of procedural meaning ＆ objective meaning. Its extension is procedurally reflected in the right of public prosecution by public prosecuting organs, the right of private prosecution by public prosecutors, and the defendant＇s fight to defend himself in the court. Objectively, it reflects in the expecting fight to win the case between the prosecuting organ and the defendant. Its essential character is that it is the right secured by constitution and possessed by all citizens equally, and it has restriction for power of trial and has procedural character itself. The theory of criminal right of action constructs theoretical bases for the existence ＆ development of the judging system centered on litigant and the character of the right of criminal prosecution in the power of criminal investigation, it provides theoretical foundation for the reasonable collocation of litigant＇s concrete rights in criminal procedure, the introduction and establishment of the victim＇s status of subject of litigation in case of public prosecution, and some new criminal procedural systems and principles.