论亲告罪的价值与追诉机制

Discussion on Value and Prosecution Mechanism of Crime Handled only with Complaint

亲告罪是犯罪体系中一个特殊的存在,其核心价值在于保护被害人权益,这一价值决定了其存在的必要性和长期性。由于对这一核心价值的把握不够准确,我国亲告罪立法出现了实体的和程序的问题,其中程序问题更为突出和紧迫,如不首先解决亲告罪追诉机制问题,亲告罪的价值就无从发挥,实体法的改进也难以成功。本文以保护被害人权益为出发点,认为构建被害人自主选择追诉程序的机制是破解我国亲告罪追诉困境的根本出路,也迎合了当前检察机关职能调整的需要。

The crime handled only with complaint is a unique existence in the criminal system.Its core value lies in protecting the rights and interests of victims,which determines its necessity and long-term existence.Due to the inaccurate grasp of this core value,there are substantive and procedural problems in the legislation of the crime of private prosecution in our country.Among them,the procedural problems are more prominent and urgent.If the problem of the prosecution mechanism of the crime of private prosecution is not solved first,the value of the crime handled only with complaint will not be brought into play,and the improvement of substantive law will be difficult to succeed.Based on the protection of the rights and interests of victims,this paper states that the fundamental way out to solve the predicament of the prosecution of the crime handled only with complaint in China is to construct the mechanism for the victims to choose the prosecution procedure independently.It also caters to the needs of the function adjustment of procuratorial organs currently.