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刑事自诉制度作为国家控诉制度的有益补充,在司法实践中,为追诉犯罪和维护被害人合法权益发挥了积极作用。自诉权能否有效运作,需要一系列的制度为其提供保障。就目前我国现有刑事法律规定看,虽然相关的制度已经建立起来,但是,与之相配套的机制尚需完善,如:检察机关担当自诉制度,由于此项制度的缺乏,直接影响了被害人诉权的完全实现。德国、俄罗斯以及我国台湾地区已有检察机关担当自诉的具体规定,司法实践中也收到较好效果。本文以告诉才处理案件中检察机关的担当自诉为例,来论述我国检察机关担当自诉制度的缺乏,并须有针对性的加以改善。
As a useful complement to the system of state complaints, the system of criminal private prosecution plays an active role in prosecuting crimes and safeguarding the legitimate rights and interests of victims in judicial practice. Whether the right of private prosecution can operate effectively requires a series of systems to provide protection for it. As for the current criminal law in our country, although the relevant system has been established, the mechanism to be complemented still needs to be improved. For example, the procuratorial organ acts as a private prosecutorial system. Due to the lack of this system, it directly affects the right of victims The full realization. The procuratorial agencies in Germany, Russia and Taiwan of our country have taken the specific provisions of private prosecution and have also received good results in judicial practice. In this paper, I told the prosecutorial agencies to deal with private prosecution cases as an example to discuss the lack of prosecution in our country as a private prosecution system, and must be targeted to be improved.