被害人在自诉案件中是自诉人,他的诉讼权利一般能得到保障,但在公诉案件中,被害人往往被当作证人对待,他的诉讼权利因而没能充分行使。本文对公诉案件被害人(以下简称被害人)诉讼权利的保障问题作些探讨。 被害人是人身权利、民主权利和其他合法权利遭受犯罪行为直接侵犯的人,证人是有义务向司法机关陈述自己知道的案情的人。被害人陈述和证人证言各是证据的一种,但是被害人同证人的诉讼地位、诉讼 In the private prosecution case, the victim is a private prosecutor. His litigation rights are generally guaranteed. However, in public prosecution cases, the victim is often treated as a witness and his litigation rights are thus not fully exercised. This article discusses the protection of litigation rights of victims (hereinafter referred to as victims) in public prosecution cases. Victims are persons whose personal rights, democratic rights and other legal rights are directly infringed by criminal acts. Witnesses are those who have an obligation to state to the judiciary what they know about the case. Victims’ statements and testimonies of witnesses are each a form of evidence, but the litigant’s status as a witness, litigation