存疑不起诉案件民事赔偿代理程序探析

Agent of civil compensation of non-prosecution cases

某些存疑不起诉案件中,虽然定罪证据不足,但认定民事赔偿责任的证据是充足的。依据现有法律,公诉机关就案件的刑事部分作出不起诉决定后,必然导致刑事附带民事赔偿程序也随之终止,被害人及其家属向加害人提出民事赔偿的诉求也就不能得到公诉机关的支持而不得不转入自诉程序。这种诉讼结局既浪费了宝贵的司法资源(侦查机关已取得的认定民事赔偿责任的证据),也加重了被害人及其家属的诉讼难度和经济负担,还会导致被害人与公诉机关之间的矛盾与冲突,造成缠访缠诉。因此。最为合理的作法是对此类案件应当由公诉机关代理被害人及其家属向法院提出民事赔偿程序。

In some non-prosecution cases, although evidence for conviction was insufficient, but evidence of civil liability was adequate.Based on existing law,the Public Prosecution to make the decision not to prosecute the criminal part of the case,will inevitably lead to civil compensation with criminal proceedings terminated,the demands of the victims and their families for civil damages will not get the support of public prosecution and be forced into the private prosecution procedures.Outcome of such actions not only wasted valuable judicial resources（investigating agency has made the identified evidence of civil liability）, but also increased the difficulty of litigation and economic burden of the victims and their families,and also led to the contradictions and conflict between the victim and the public prosecutor,resulting in winding wrapped around v.visit.Therefore, the most reasonable approach to such cases should be agented by the public prosecution for the victims and their families to put forward civil compensation program to the court.