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我国自诉案件在立法上分为三类,第二类被害人有证据证明的轻微刑事案件在司法实践中占的比例很大,但却经常出现问题,导致严重危害社会的行为得不到有力追究、被害人权利不能救济,社会舆论对司法不信任,社会安定性受到侵蚀的情况出现。其原因在于立法在具体操作制度上的欠缺导致了在司法实践中出现了两大难点:一是证据难、二是被告人出庭难。鉴此,一是要在公诉制度上建立起严格的证人制度,以带动自诉案件的进步;二是在侦查环节取消直接转自诉的方式,改为在审查起诉环节告知被害人自诉权。
The cases of private prosecution in our country are divided into three categories according to the legislation. The second kind of victims have evidence that the minor criminal cases account for a large proportion in the judicial practice, but they often have problems, resulting in serious detrimental to society. Victims’ rights can not be remedied, public opinions do not trust the judiciary, and social stability has eroded. The reason is that the lack of legislation in the specific operational system has led to two major difficulties in the judicial practice: First, the evidence is difficult, and second, the defendant is difficult to appear in court. In view of this, firstly, we should establish a strict witness system in the prosecutorial system so as to promote the progress of private prosecution cases; secondly, we should cancel the mode of direct transfer of private prosecution in the investigation stage and inform the victim of the right of private prosecution in the examination and prosecution.