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自诉制度实际上是我国刑事诉讼法对公民起诉权的有限制的保留,但是自诉制度运行时,存在实际运行情况与设立目的之间存在巨大反差、自诉人主张权利的行为的基础产生了深刻的变化、自诉制度证明标准的设置与自诉人取证能力的相对削弱、自诉制度在实际的司法层面上成为分担国家负担的方式的问题。因此,自诉制度的存在与价值受到了质疑。但是,立足于刑事诉讼法的目的、权利的制约与主张、刑事诉讼行使方式的正当性的要求,应当保留自诉制度,同时,为了推动自诉制度的良好运行,应当对自诉制度进行改良。改良的措施为:放宽自诉案件的起诉条件,设立自诉制度运行中的国家帮助机制,设立自诉制度取证的私立机构帮助机制,充分发挥检察监督的作用。
The system of private prosecution is actually a limited reservation of the right of citizens to sue in China’s Criminal Procedure Law. However, when the private prosecution system is in operation, there is a huge contrast between the actual operation and the purpose of establishment, and the foundation of the private prosecutors’ claim of rights has profound Changes, the standard of proof of the private prosecution system and the relative weakening of the ability of the private prosecutor to obtain evidence, the private prosecution system has become the way to share the state’s burden on the practical judicial level. Therefore, the existence and value of the private prosecution system has been questioned. However, based on the purpose of the criminal procedure law, the restriction and claim of the right and the justification of the mode of criminal procedure, the private prosecution system should be retained. At the same time, in order to promote the good operation of the private prosecution system, the private prosecution system should be improved. The improved measures include: relaxing the conditions for prosecution of private prosecution cases; setting up a national assistance mechanism for the operation of private prosecution; setting up a private mechanism to help obtain evidence of private prosecution; giving full play to procuratorial supervision.