论文部分内容阅读
安徽大学李学宽教授在《不起诉若干问题探讨》一文中认为,“转诉”之规定过分地强化了被害人权益的保障机制,将使人民检察院的不起诉决定以至公诉权、检察权受到被害人和审判权的双重抗衡和分割,因此应予否定。本文作者认为,从诉讼制度的发展过程看,公诉的产生固然是对私诉的排斥,但其目的仍然是为了更好地保护公民的权利,因此,围绕维护公民合法权益、保障公民权利的一切新措施都不存在“过分”,以至分割、妨害公诉权的问题。并且,依据修改后的刑诉法,人民检察院的不起诉决定认定犯罪事实成立的权力和终止刑事诉讼程序的法律效力不再是绝对的了,因此,“转诉”对不起诉决定是个制约,而不应看成是对其的分割与妨害,更谈不上对公诉权的妨害。相反,既然承认“转诉”强化了对被害人合法权益的保障机制,利于解决告状难问题,那么就应肯定“转诉”对完善刑事诉讼制度,更好地实现刑事诉讼目的的重大作用。
Professor Li Xuekuan of Anhui University, in his article “Discussion on Several Issues of Non-Prosecution,” argued that the provisions of “transfer of complaints” excessively strengthened the safeguard mechanism for victims’ rights and interests, and that the people’s procuratorate’s decision of non-prosecution, public prosecutorial power and prosecutorial power were victimized and tried The dual counterweight and division of power should therefore be denied. According to the author’s opinion, judging from the development process of litigation system, although the appearance of prosecution is a rejection of private litigation, its purpose is still to protect the rights of citizens better. Therefore, around the safeguarding of the legitimate rights and interests of citizens and the protection of civil rights The new measures do not exist “excessive”, and even split, prejudice the right to prosecution issues. Moreover, according to the revised Criminal Procedure Law, the People’s Procuratorate’s decision of non-prosecution determines that the power to establish the criminal fact and the legal effect of terminating the criminal procedure are no longer absolute. Therefore, “transfer” is a restriction on non-prosecution, It should not be regarded as the division and prejudice to it, let alone the prejudice to the right to prosecution. On the contrary, since recognizing that “transferring” strengthens the mechanism of safeguarding the legitimate rights and interests of victims and resolves the issue of the lawsuit, it should affirm the important role of “transfer of litigation” in perfecting the system of criminal litigation so as to better realize the purpose of criminal litigation.