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我国台湾地区刑事诉讼承袭大陆法系,起诉制度奉行其特有的公诉与自诉并行体制,其刑事自诉制度也随着本世纪初的《刑事诉讼法》修订渐渐呈现出“改良当事人主义”的色彩,在自诉人、案件范围、提起程序以及审判等方面都有着其自身的特点,对于大陆当前弊病丛生的自诉程序有着重要的参考价值。我国大陆应借鉴台湾地区的立法经验,通过引入强制律师代理机制,构建自诉的承受与担当制度,完善自诉的撤回制度等,不断完善我国大陆的自诉制度。
The criminal lawsuits in Taiwan of our country inherit the civil law system, and the prosecution system pursues the parallel system of public prosecution and private prosecution. The system of criminal private prosecution gradually appears as “revisionist party” with the revision of “Criminal Procedure Law” in the beginning of this century. The color has its own characteristics in the private prosecutor, the scope of the case, the procedure of bringing the case and the trial, which is of great reference value to the private prosecution procedure which is currently in the Mainland. The mainland of our country should draw lessons from the legislative experience in Taiwan, and improve the system of private prosecution in mainland China through the introduction of compulsory solvency agency mechanism, the construction and acceptance of private prosecution system, the improvement of the withdrawal system of private prosecution and so on.