日中刑事起诉原则比较

Comparison Between Japanese and Chinese Principles of Criminal Prosecution

日中刑事起诉原则差异主要表现为 :日本没有自诉制度 ,我国有自诉制度 ;日本实行起诉裁量主义 ,我国起诉裁量权受到很大限制 ;日本被害人仅有“准起诉权”,我国赋予被害人直接起诉权。虽然日本现代刑事诉讼制度许多值得我们借鉴但不能忽视国情盲目移植。

There are some major differences between Japanese and Chinese principles of criminal prosecutions: in Japan there is no a system of private prosecution which exists in China. Right of determination to prosecution is carried out in Japan, while there is great limit to that in China. In Japan, the victims hold the 'relative right of prosecution', but China gives the victims the right of direct prosecution. There are some things from Japanese modern criminal prosecution system which we can use for reference, but it does not mean we can transplant it blindly in China.