美国的刑事诉讼,是以保障被追诉人基本权利为主线的过程,其保障人权的特性由于人权法案的制定与执行不断得到加强,甚至成为令美国人骄傲的美国文化的核心要义之一。不过,在刑事诉讼中被追诉人与被害人利益严重不平衡,这在立法上主要体现为被害人法定权利较少、法源级别较低。美国国会参议员范斯坦(Feinstein)指出,美国联邦宪 The criminal procedure in the United States is based on the protection of the basic rights of the accused. The nature of its protection of human rights has been continuously strengthened by the formulation and implementation of the Bill of Rights. It has even become one of the core essentials of American culture that Americans are proud of. However, the interests of the accused and the victim in the criminal procedure are seriously imbalanced, which is mainly reflected in the legislation as less legal rights of victims and lower levels of law sources. US Senator Feinstein pointed out that the United States federal constitution