公诉权与自诉权关系的协调

Coordination of Right of Public Prosecution and Private Prosecution

完善我国公诉权与自诉权关系的做法是:应在告诉才处理的案件当中,适当的引入公诉权,国家机关不能被完全排除在这类案件的追诉程序之外;被害人在有证据证明的轻微刑事案件中,国家对犯罪的追诉权并没有让渡给被害人个人,公诉权始终处于绝对的优势地位;公诉转自诉案件应从自诉案件范围中剔除,针对公检不予追究加害人刑事责任的决定,可通过建立司法审查机制,来达到制约公权力、保护被害人利益的目的。

The method to improve the relationship between the right of public prosecution and private prosecution of our country is to introduce appropriately the right of public prosecution in the cases handled only after being appealed and state organs cannot be completely excluded out of prosecution program of such cases.In the minor criminal cases with victim being proved with evidence,state＇s power to prosecute crime is not transferred to the victim and the right of public prosecution is always in the absolute dominant position.Public prosecution converting into private prosecution cases should be excluded from the cases of private prosecution.Against the decision that the public prosecution does not investigate the criminal responsibility of perpetrators,the purpose of constraining public power and protecting the interests of victims can be achieved through establishing judicial review mechanisms.