剥夺还是赋予:刑事被追诉人诉权研究

Deprive or Endow: the Right of Prosecution by the Accused

诉权是提起诉讼的权利,其实质是司法保护请求权。在权利易受权力侵害的刑事诉讼中,赋予被追诉人享有诉权有正当性基础。在我国,刑事被追诉人面对自己权利遭受国家权力不法侵害却不能直接以行使诉权方式请求法院救济,这不论是对权利保护还是对防范权力滥用都极为不利。为此,有必要赋予被追诉人享有诉权,这对于我国法治建设有重要意义。

The right of action is the right to litigate, its essence is the right to request the judicial protection. In the rights of vulnerable to power against the criminal proceedings, to endow the accused the right of prosecution is the basis of legitimacy. In our country, the criminal prosecution in the face of their rights are the power of the state of unlawful infringement is not the direct way to exercise the right to request the court to relief,which both the rights protection or abuse of power is extremely unfavorable to prevent. Therefore, it is necessary to endow the ac- cused the right of prosecution, which has important significance for construction of rule of law.