刑事自诉制度相关问题研究

发布时间：2018-09-19 14:32

【摘要】：由于我国在立法理论中出现部分偏离和立法技术的粗糙,导致自诉制度存在着较多问题。在自诉案件中自诉权和公诉权有着错综复杂的关系,彼此之间存在冲突,而且现在的犯罪行为越发隐蔽和复杂,而被害人的追诉犯罪能力又十分有限,这对自诉权行使构成了巨大挑战。重要的是由于实体法与程序法之间的脱节越来越严重,这会导致自诉人的权利不能获得切实有效的保护。世界上主要国家的刑事诉讼程序法中都不会单独设置自诉案件的范围,而我国的刑诉法和司法解释却单独设置了自诉案件的范畴,导致程序法与实体法所划定的范围不一致。解决这一问题的关键在于如何协调好公诉权和自诉权两者之间的关系,在公诉与自诉并存的情况下,如何选择适用的方式,例如提起自诉还能不能进行公诉,如果提起公诉,被害人还能不能自诉的问题。然而,自诉制度在我国近几年来并没有出台新的法律法规,但是现有的刑事自诉制度又存在着诸多的问题有待于完善,所以本文要对刑事自诉制度中这些根本的问题进行深入、系统的研究和分析,并提出完善的建议,以实现立法本身的现实意义。
[Abstract]:There are many problems in the system of private prosecution because of the partial deviation in the legislative theory and the roughness of the legislative technology in our country. In the case of private prosecution, there are intricate relations between the right to appeal and the right of public prosecution, and there are conflicts between each other. Moreover, the criminal behavior is becoming more and more subtle and complex, and the ability of the victim to prosecute the crime is very limited. This poses a great challenge to the exercise of the right to appeal. What is important is that the disconnection between substantive law and procedural law is becoming more and more serious, which will lead to the private prosecution's rights can not be effectively protected. The scope of private prosecution cases will not be set up in the criminal procedure law of major countries in the world, but the scope of private prosecution cases has been set up separately in our criminal procedure law and judicial interpretation, which leads to the inconsistency between procedural law and substantive law. The key to solve this problem lies in how to coordinate the relationship between the right of public prosecution and the right of self-prosecution, and how to choose the suitable way under the condition of the coexistence of public prosecution and private prosecution, such as whether public prosecution can be carried out or not, if public prosecution is initiated. The question of whether the victim can still prosecute himself. However, the private prosecution system has not introduced new laws and regulations in China in recent years, but there are still many problems in the existing criminal private prosecution system, so this paper should go deep into these fundamental problems in the criminal private prosecution system. Systematic research and analysis, and put forward perfect suggestions to realize the practical significance of legislation itself.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.2

【相似文献】