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对于人民检察院的不起诉决定,被害人依法享有向上一级人民检察院申诉和直接向人民法院起诉的权利。但是,对于人民检察院减少移送审查起诉的犯罪事实提起公诉的案件,由于案件整体以起诉作为最终处理结果,在当前的司法实践中,未被提起公诉的犯罪事实涉及到的被害人却无法行使对不起诉决定不服的救济权利。作为刑事案件的当事人之一,这部分被害人的权利同样需要法律的保护。
For the people’s procuratorate’s decision not to prosecute, the victim has the right to appeal to the people’s procuratorate at a higher level and to the people’s court directly according to law. However, in the case of public prosecution of the people’s procuratorates to reduce the crime of transferring examination and prosecution, as a result of prosecution as a final result of the case as a whole, in the current judicial practice, the crime involved in the crime has not been prosecuted but the victim involved can not exercise non-prosecution Decided to refuse to accept the right to relief. As one of the parties involved in a criminal case, the rights of this part of the victim also need legal protection.