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尽管被害人也是公诉案件的当事人,但法律赋予被害人的权利并不完整。并且从我们司法实践的操作来看,被害人在整个案件的审查起诉和审判的过程中往往处于一个次要的地位,这致使被害人经常得不到自己想要的结果,其利益得不到有效保障。本文将从我国刑事法律体制中被害人的地位和现状谈起,并对被害人的诉讼参与权、上诉权及被害人刑事法律援助等方面制度的构建进行了思考,建议在我国尝试强化被害人陈述对案件的影响、赋予被害人上诉权、完善被害人刑事法律援助。
Although victims are also parties to public prosecutions, the law gives victims the rights to be incomplete. And judging from the operation of our judicial practice, the victim is often in a secondary position in the prosecution and trial of the entire case, which often results in the victim being unable to obtain the result he or she wants, and his interests are not effectively protected . This article will talk about the status and status quo of the victim in criminal law system in our country and give some suggestions on how to construct the system of victims ’rights of participation in litigation, right of appeal and victim’s criminal legal aid. It is suggested to try to strengthen the system of victims’ Influence, give the victim the right of appeal, improve victim legal aid.