论文部分内容阅读
公诉是指在刑事诉讼中,承担公诉职能的机关,为了国家和公共利益的需要,代表国家主动对犯罪嫌疑人进行追诉,依法将犯罪嫌疑人交付审判的一种请求权。自诉是指被害人不服检察机关的不起诉决定时,除可以向上级检察机关提出申诉外,还可以通过直接向人民法院起诉的方式来监督制约检察机关的不起诉权。如《法国刑事诉讼法》规定,凡是因重罪或者轻罪遭受损害的人,可以向有管辖权的预审法官提出申诉书,再由预审法官将申诉书转交检察官,以便检察官提出起诉书。这种由自诉启动公诉的制约机制可以有效地维护被害人的利益,防止检察机关滥用不起诉权。
Public prosecution refers to the organ that assumes the function of public prosecution in criminal proceedings. On behalf of the state, it prosecutes the criminal suspects for the sake of the interests of the country and the public and prosecutes the criminal suspects on its own initiative to deliver the criminal suspects to trial according to law. A private prosecution refers to the non-prosecutorial decision of the victim against the procuratorial organ. In addition to submitting a complaint to a higher procuratorial organ, the prosecutorial organ may also supervise the non-prosecutorial power that restricts the procuratorial organ by directly suing the people’s court. For example, the French Code of Criminal Procedure stipulates that anyone who has suffered damage as a result of a felony or misdemeanor may file a complaint with a pre-trial judge having jurisdiction and the investigating judge forwards the complaint to the Prosecutor for prosecutors to file an indictment. This kind of restraint mechanism of prosecutorial prosecution initiated by private prosecution can effectively protect the interests of the victims and prevent the procuratorial organs from abusing the right of non-prosecution.