刑事诉讼中的自诉担当

On Private Prosecution Undertaking in Criminal Procedure

自诉担当是衔接沟通公诉权与自诉权关系的重要制度设计,具有独特的功能。目前,德国与我国台湾地区在自诉担当制度的立法规定上存在较大差异。根据我国具体国情,应当考虑在修改刑诉法时主要参照德国模式增设自诉担当制度,并从前提条件、法定原因、程序启动等几方面对该制度进行全面的规定,同时也要注意对被害人意志的尊重。

Private prosecution undertaking is one of the important systems designed for connecting public prosecution power with private prosecution right, which has particular function. There are some great differences in the current legislation of this system between Germany and Taiwan. In view of the situation of China, legislative mode of Germany should be considered as reference to add private prosecution undertaking into the criminal procedure law and prescribe comprehensively such provisions as legal causation, precondition and the initiation of the procedure, and at the same time, the victim＇s will should be respected.