在刑事诉讼中,被害人的地位,其诉求的表达,以及其权利利益的实现。都有赖于被害人在法律的诉讼地位和其所有的具体权力。而就我国目前的立法状况而言,对其的法律地位的规定是明确的,它和犯罪人一样处于当事人的地位,但相对于犯罪人来说,作为对立者,被害人的利益在当前的法律体系下,不能被很好的保护,本文在论述刑事被害人保护现状的同时,也试图给出改善的建议,以望对被害人行使自己应有的权力上有所改进。 In criminal proceedings, the victim’s status, the expression of his demands, and the realization of his rights and interests. Depends on the legal status of the victim and all his specific powers. As far as the current legislative situation in our country is concerned, its legal status is stipulated clearly. It is in the same position as the perpetrator, but compared with the perpetrator, as the opposite, the interests of the victim are in the current law Under the system, it can not be well protected. While discussing the current situation of criminal victim protection, this article also tries to give suggestions for improvement in order to improve the victim’s ability to exercise his rights.