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刑事案件的立案根据立案主体的不同可以分为公安机关的立案侦查、检察院的立案侦查和法院受理的刑事自诉案件的立案三种类型。虽然刑诉法第一百一十条规定,控告人如果对立案或不立案的结果不服,可以申请复议。但是公民却并未因为刑诉法的这一原则性的规定,就必然具有了充分的控告权。在当前由于法律规定的不同,对三类刑事案件的立案结果,提供了不同的保障途径:有的可以在复议后申请监督、有的可以在监督后提请复议,有的可以直接上诉。在刑事立案监督的过程中,公民究竟应当享有哪些基本权利,及如何进行相应的权利保障,是当前司法实务工作中亟待解决的问题。
The filing of criminal cases can be divided into three cases: the investigation of public security organs, the case investigation of the procuratorate and the case filing of criminal cases accepted by the court according to the different subjects of filing the case. Although Article 101 of the Criminal Procedure Law stipulates that if the prosecutor is dissatisfied with the result of filing a case or not filing the case, he may apply for reconsideration. However, citizens did not have the full right to sue because of this principle of the law of criminal procedure. At present, due to the different legal provisions, different types of safeguards are provided for the outcome of the filing of three types of criminal cases: some may apply for supervision after reconsideration, some may submit a reconsideration after supervision, and some may directly appeal. In the course of criminal case supervision, what are the basic rights that citizens should enjoy and how to carry out the corresponding protection of their rights are the problems to be solved urgently in the current judicial practice.