论告诉才处理刑事案件中被害人告诉之帮助

On the System of Help to Victim's Complaint in Criminal Cases Handled Only Upon Complaint

告诉才处理刑事案件中被害人可能受外力因素制约、提供证据能力弱而无法告诉或在告诉后无法继续支持告诉,这就使被害人告诉帮助成为必要。我国《刑法》《刑事诉讼法》及相关司法解释对前两种情况下被害人告诉帮助作了粗略的规定,但后种情况如何处理仍无相关规定。针对告诉处理制度存在的问题,《刑法修正案(九)》对侮辱罪、诽谤罪和虐待罪的告诉才处理作了相应的修改,以使特定情形下的被害人能获得告诉的帮助,但其规定并不能适用于所有告诉才处理的刑事案件。应当完善相关的规定,为被害人失踪期间告诉权的行使提供帮助,为证据提供困难的被害人提供帮助,也为告诉后无法继续支持告诉的被害人提供帮助。

Based on external factors,ability of produce of proof,victims sometimes could not complain or could not continue to support his complaint in cases handled only upon complaint,so the system of help to victim's complaint is necessary.To the former,the Criminal Law,Criminal Procedure Law and corresponding judicial interpretations provide some help to those who are in trouble in complaining.However,to the latter,there is no regulation about helping the victim when he could not continue to support his complaint.To solve those problems,the Ninth Amendment to Criminal Law amends the provisions of crime of maltreating,crime of insulting,and crime of slandering.However,the provisions could not be used in any other cases handled only upon complaint.In order to provide help to those victims who are missed for a long time,who could not produce proof,or who could not continue to support their complaint,we should perfect corresponding provisions.