刑事诉讼主体的法理分析——以刑事法律关系为基础

An Analysis in Jurisprudence of the Subjects of Criminal Procedure——Based on the Criminal Legal Relationship

犯罪行为引起的刑事法律关系是考察刑事诉讼主体问题的真正法理基础。国家与被告人作为刑事法律关系的主体是刑事诉讼的当事人 ,被害人及其近亲属不是刑事法律关系的主体 ,故不是刑事诉讼当事人 ,只是发动、支持公法性诉讼的公民追诉人。审判权与公诉权的分立 ,本质上是国家将自身作为自己的对象 ,并在自己(裁判者 )与作为对象的自身 (当事人 )之间建立绝对区分 ,体现了作为公共权力的国家的自我反思节制。其他刑事诉讼主体均不是刑事法律关系的主体 ,按照意志关系或者是国家的代表、被告人和被害人的代理人或帮助人 ,或者是不从属于任何一方的诉讼主体。

The criminal legal relationship caused by the crime is just the jurisprudence basis of the discussion on the subjects of criminal procedure. As the subjects of the criminal legal relationship, the state and the accused are the parties of criminal procedure.Because of not being the subject of the criminal legal relationship the victim or its close relative is not the party, but the private prosecutor that starts and supports the prosecution of public law. The essence of the separation between the power of trial and the power of public prosecution is that the state regards itself as the object, and makes an absolute distinction between itself as the judge and its object as the party, and shows its self-reflection and self-control as public power. The other subjects of criminal procedure are not the subjects of the criminal legal relationship, so they are not the parties of criminal procedure. They can be classified by the will relationship into the group of the representatives of the state, the group of the agents and the helpers of the accused and the victim, and the group neutral to any party.