论刑事诉讼程序启动权与平等

On Equality and the Initiation Right of Criminal Procedure

依据刑事诉讼平等原则,刑事案件满足立案条件都应当立案,即"同等情况同等对待,不同情况不同对待",区别对待要有"合理根据"。但是司法实践中,行使刑事诉讼启动权不平等情况表现为:一般民众很难启动,轻微案件很难被启动,平常期间很难启动。因此,必须要废除立案程序,将其并入侦查程序;确立对事模式的刑事诉讼启动方式;树立正当的政绩观,客观面对刑事诉讼程序的启动;加强检察机关对刑事诉讼启动程序的监督。

According to the equality of principle of criminal procedure,any criminal case may be filed for investigation as long as it conforms to the requirements of filing a case.That is,＂The similar situations should be treated equally;the different situations should be treated differently.＂ Differential treatment needs to be based on rational evidences.However,that is not the case in the judicial practices.Criminal procedure initiation right is unequal.Such inequalities may be manifested by the following facts： ordinary citizens seldom to be entitled to initiate criminal procedure;few minor cases are allowed to initiate it;on ordinary occasions criminal procedure are not initiated.Therefore,the procedure of filing a case had to be merged into the procedure of investigation so that it may be abolished.The mode that is concerned with true facts should be applied to initiate criminal procedure.The impartial standards of judging one＇s political achievement should be established,an objective attitude has to be taken to criminal procedure initiation.Procuratorial organs should tighten supervision of criminal procedure initiation more severely