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为了保护被害人的合法权益,切实解决公民告状难问题,我国刑事诉讼法第一百四十五条规定:“被害人如果不服不起诉决定的,可以不经申诉,直接向人民法院起诉。”这是公诉转自诉法律依据。但由于立法在这一制度设计上的粗疏,公诉转自诉存在一些需要解决的问题。
In order to protect the legitimate rights and interests of victims and effectively solve the problem of citizens being in pain notice, Article 145 of China’s Criminal Procedure Law stipulates: “If the victim refuses to accept the decision of indictment, he or she can sue the people’s court directly without any complaint.” " This is the legal basis of public prosecution to private prosecution. However, due to the weakness of legislation in the design of this system, there are some problems to be solved in the transfer of public prosecution to private prosecution.