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与民事诉权相比,刑事诉权除具有平等性、法定性等与民事诉权相同的属性外,还具有主体的多样性、内容的丰富性、行使的阶段性、分类的特殊性和处分的有限性等特点。刑事诉权产生的前提是当事人具有诉的利益,其行使的基础是控审分离制度,其行使的界域是诉因。
Compared with civil suits, criminal suits have the same attributes as civil suits such as equality and statutory nature, but also have the diversity of the subject, the richness of the content, the stage of the exercise, the particularity of the classification and the limitation of punishment Features. The premise of criminal prosecution is that the parties have the right to sue, and its exercise is based on the separation of prosecution and trial system. The boundary of its exercise is the cause of action.