试论我国自诉制度的废除

Discussion on the Abolishment of the Private Prosecution System in China

我国自诉制度自1979年确立以来一直存在诸多问题:自诉案件的范围、界限问题,自诉人取证、举证难问题及自诉案件可能给当事人造成更大的精神伤害等。现阶段我国的刑事自诉制度利弊互现,而且弊大于利,废除自诉制度已成为一种现实的理性选择。废除自诉制度后应当完成相应的立法完善和制度补充:设立"亲告罪"的诉讼启动模式;设置强制起诉制度;以刑事和解方式结案作为制度保障。

After reviewing the evolution of the private prosecution system in China,the author holds that there are many problems since it was established in 1979,such as the range and boundaries of private prosecution cases,the difficulties in the investigation of evidence and burden of proof,the potential spiritual damage to victims and so on.In the current stage,the disadvantages outweigh the advantages in China＇s private prosecution system,thus to abolish this system has become a rational choice.After abolishing the private prosecution system,appropriate legislative and institutional supplements should be designed：establishing the startup mode of the crime handled only upon complaint;setting up the mandatory prosecution system;and perfecting the criminal reconciliation as a way of system guarantee.