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刑事诉讼中的自诉是公诉的对称称.我国实行以公诉为主、自诉为辅的起诉制度.自诉和公诉的目的都是追诉犯罪,诉讼过程中的基本原则、制度等有许多是相同的,但由于自诉案件一般案情都较简单,犯罪所造成的后果较轻微,行使控诉权的是公民个人,因而其诉讼程序与公诉案件就有所不同.不仅不需要经过侦查和提起公诉,就审判程序来说,也有别于公诉案件.刑事诉讼法第126条至第128条对自诉案件的审判程序作了专门规定.但因法律规定过于简单,而自诉案件的数量又不断增加,司法实践中遇到的问题较多.就总体而言,自诉案件的审判程序仍有进一步加以探讨之必要.
Prosecution in criminal proceedings is the symmetrical representation of public prosecution.Our country has a system of prosecution mainly consisting of public prosecution and private prosecution.The purpose of both private prosecution and public prosecution are prosecution of crimes.The basic principles and systems of litigation are many of them are the same, However, since the cases of private prosecutions are generally simple, the consequences of crimes are minor, and the right to complain is individual citizens, so the procedure is different from the case of public prosecution.Not only need to go through the investigation and indictment, , But also different from the public prosecution cases.The Code of Criminal Procedure Articles 126 to 128 of the private prosecution cases made a special procedure, but because the law is too simple, and the number of private prosecution cases continue to increase, the case of judicial encounter In general, the trial procedure of private prosecution cases still needs to be further explored.