摘要
告诉乃论 ,亦即告诉的才处理 ,是一项重要的法律制度 ,古今中外的刑事法律多有规定。从我国与各国的法律规定相互比较的角度来看 ,在诸如告诉乃论的立法原则、适用范围、立法体例、“向谁告诉”、告诉权人等事项上 ,我国法律的规定有其独到之处 ,但在诸如告诉期间、告诉效力、告诉撤回等事项上 ,我国法规定阙如、过于简约 。
Acceptance at complaint only, i.e. no trial without complaint, is an important legal system,which has been provided in most criminal laws at all times and in all countries. Through the comparison between the domestic and foreign legal provisions, it can be seen that as to acceptance at complaint only, the Chinese legal provisions possess some special characteristics in the following aspects such as principle of legislation, scope of application, style of legislation,“to whom to complain', person with right to complain. However, in the following aspects such as term for complaint, effect of complaint, withdrawal of complaint, the legal provisions in China are deficient, unduly simple, and need to be perfected.
出处
《政法论坛》
CSSCI
北大核心
2001年第1期19-24,共6页
Tribune of Political Science and Law
