编辑同志: 一审法院在对自诉案件进行审查后,依照刑事诉讼法第一百二十六条第四项规定,裁定驳回自诉。自诉人不服提出上诉,二审法院裁定撤销驳回自诉的裁定,发回原审法院重新审判。原审法院认为被告人的行为不构成犯罪,可否仍依据刑事诉讼法第一百二十六条第四项 Editorial Comrades: After examining the private prosecution cases, the court of first instance ruled that the private prosecutions should be rejected in accordance with Article 126, Paragraph 4 of the Criminal Procedure Law. The appellant refuses to accept the appeal, and the court of second instance upholds the verdict of dismissing the private prosecution and sends it back to the trial court for trial. The trial court held that the defendant’s conduct did not constitute a crime and whether it was still in accordance with Paragraph 4 of Article 126 of the Criminal Procedure Law