目前,在司法实践中,刑事被害人的诉讼权利往往受到侵犯。对刑事被害人的控诉有的不予立案,有的不通知其参加法庭诉讼,有的提起附带民事诉讼不被理睬,有的申诉无保证,有的接不到有关的法律文书。存在这些问题的原因一是司法工作人员自身缺乏法律知识所致,其次是司法解释跟不上新形势发展所致。为了切实维护刑事被害人的诉讼权利,笔者特对刑事诉讼法的修改问题提如下建议: 一、被害人是遭受犯罪分子侵害的直接受害人,一般对案件的经过、事实了解得很具体,在一些案件中,他与犯罪分子直接接触过,连犯罪分子的姓名都知道,抑或不知道犯罪分子的姓名,但一般知道犯罪分子的特征。所以认真听取他的陈述,还可以判断侦查工作的范围和确定侦查活动的方向。但刑事诉讼法第70条仅规定“询问被害人,适用本节各条规定”。一名话就过去了,很不具体,又不便操作。应当根据被害人在揭露犯罪中的特殊重要作用以及其在刑事诉讼中的地位和情况,重新调整刑事诉讼法第2章各条的排列顺序,并完善补充第70条内容,使其便于适用,又能避被害人仅是证人之嫌。二、鉴于被害人与案件的结局有着非常密切的利害关系;同时,在司法实践中,也确实存在被害人与办案人员有利害关系的各种情形,如果适用回避,既使办案人员比较超脱,又能消除被害? At present, in the judicial practice, the criminal victims’ litigation rights are often violated. Some of the complaints against criminal victims will not be put on record, some will not be notified of their participation in court proceedings, others will be dismissed as incidental civil actions, some will not be guaranteed, and some will not receive relevant legal documents. One of the reasons for these problems is the lack of judicial knowledge due to legal staff, followed by judicial interpretation can not keep up with the new situation. In order to effectively protect the litigation rights of criminal victims, the author makes special suggestions on the revision of the Criminal Procedure Law as follows: First, the victim is the victim directly victimized by criminals. Generally speaking, the facts about the case are very specific. In some cases He has had direct contact with the criminals, even the names of the criminals know, or do not know the names of the criminals, but generally know the characteristics of the criminals. So listen carefully to his statement, you can also determine the scope of investigation and determine the direction of investigation activities. However, Article 70 of the Code of Criminal Procedure provides only that “the victim is asked to apply the provisions of this section.” A word passed, very specific and inconvenient to operate. According to the special important role of the victim in exposing the crime and its position and circumstances in criminal proceedings, the sequence of articles in Chapter 2 of the Criminal Procedure Law should be readjusted and the content of Article 70 should be supplemented so as to make it applicable. To avoid the victim is only suspected of witnesses. Second, in view of the fact that the victim has a very close interest with the outcome of the case, at the same time, in the judicial practice, there are indeed various situations in which the victim and the investigator have a stake. If applicable, even if the investigators are detached, Eliminate the victim?