亲告罪立法比较研究

Comparision Study of the Crime handled only with Complaint

亲告罪同非亲告罪相对应 ,是大陆法系国家刑法中依据追诉条件对犯罪所作的分类。亲告罪立法有其重要价值 ,然而我国现有亲告罪立法因局限于绝对自诉追诉体制 ,立法范围过于狭窄。我国应在合理的程度内扩大亲告罪的立法范围 ,因而有必要突破现有的立法模式 ,借鉴其他国家立法成果 ,增设可公诉的亲告罪 。

Crime handled only with complaint, contrast to crime handled even without complaint , is classified according to prosecution condition in criminal law of continental law system. The law about this kind of crime is very valuable, but the contemporary law in our legislation covers too narrowly because our legislation is limited by the absolute private prosecution system. Our legislation should increase the range of this kind of crime within reasonable extent, so it is necessary to get out of the contemporary legislation,draw the legislation results from other countries, enact the law of crime handled only with complaint that could be publicly prosecuted and to build up a new combination legislation model.