对公诉转自诉制度的思考

Reflecting on the System of Public Prosecution Changing into Private Prosecution

公诉转自诉制度是新刑事诉讼法在取消免予起诉制度的同时,设立的一项新制度,旨在解决如何给遭遇不起诉之被害人以救济的问题,并实现对公诉权的有效制约。但由于我国公诉转自诉制度相关规定的不科学性,导致实际运作效果并不理想。因此,有必要对该制度进行适当修订,以实现立法目的。

The system of public prosecution changing into private prosecution is a kind of new system established in the new law of criminal procedure while the exemption from prosecution system is abolished, the aim of which is how to solve the question about remedying the victim harmed by the non - suitor and to realize the effective limitation of public prosecution right. But owing to the non - scientific nature of the concerned stipulation with re- gard to our country＇ s system of public prosecution changing into private prosecution, it is not desirable to really carry out this change. So, it is necessary to properly modify such system so as to realize the legislative goal.