刑事自诉中止审理研究

2006年笔者选择了四川五个区县进行刑事自诉案件的调查,调查采取查阅档案和访谈等方式进行。通过调查,发现自诉案件立案后在遇到被告人下落不明的时候,法庭裁定中止审理的案件越来越多。但是法庭中止审理之后。自诉案件就被搁置起来,原告的权利得不到维护,附带民事诉讼事实上被终止,由纠纷带来的社会秩序的裂痕无法平复。一些基层法院变通的处理办法是劝说原告撤诉,并告之将来被告出现后可再行起诉,但是这样的变通在法律上又是行不通的。因此,要解决目前在刑事自诉案件中止审理程序中的不足之处,就有必要建立起我国的刑事缺席审判制度,从而有效的解决纠纷。保护公民的合法权利。

The Investigation of Suspending Criminal Private Prosecution

In 2006, I investigacted five counties in Sichuan on the criminal cases of private prosecution by means of consulting files and interviews. By investigation, I found the cases which has to be suspended are more and more, when the defendants＇ whereabouts are unknown after cases of private prosecution are filed. However, after suspending, cases of private prosecution are laid aside that the rights of prosecutors can not be protected, the incidental civil actions are virtually terminated and the rift of social peace causing by dissension can not be easily pacified. In some grass-roots courts, they persuaded the prosecutors to give up the charges and told them to prosecute again any time when they found the defendant, whereas such alternatives are prohibited in law. So, to solve deficiency in the procedures of the criminal cases of private prosecution, we must establish the criminal judgment by default that we can solve disputes effectively and protect citizens＇ legitimate rights and interests.