刑事代理分为:法定代理、指定代理和委托代理。我国刑事诉讼法第五十八条第四项关于诉讼参与人的规定中,已将法定代理人列为刑事诉讼的参与人之一,但对后二者未作明确的规定。由于法定代理和指定代理只适用于法定的特定案件,代理的面窄,在司法实践中较为少见;而委托代理所适用的案件范围和对象较为广泛,在司法实践中较为常见。由于此项业务在我国刑事诉讼法中未作明确的规定,又是一项较新的业务,实践中仍存有一些问题。因此,有必要进行研究探讨。本文仅就其特征、范围、地位、作用等方面进行初步的探讨。 一 刑事被害人的委托代理是指律师等接受刑事被害人的委托,为其代作或代授诉讼意思表示,参与诉讼,提供法律帮助,维护其合法权益的诉讼行为。其应具备以下五个主要特征: （一）委托代理权是由“委托”关系而产生的,而不是直接由法律的规定或者 Criminal agents are divided into: legal agency, designated agency and agency. China’s Criminal Procedure Law, Article 58 of the fourth paragraph on the provisions of litigation participants, the legal representative has been listed as one of the participants in criminal proceedings, but the latter two did not make any specific provisions. As the statutory agency and the designated agency apply only to the statutory specific cases, the agency is narrow, which is rare in judicial practice. The scope and objects of the commissioned agency are more extensive and are more common in judicial practice. Because this business has not made the definite stipulation in the criminal procedure law of our country, it is a relatively new business, there are still some problems in practice. Therefore, it is necessary to carry out research and discussion. This article only discusses its characteristics, scope, status, role and so on. The commission of a criminal victim refers to the lawyers and other criminal victims to accept the commission, or behalf of behalf of behalf of behalf of behalf of her litigation, litigation, to provide legal help to defend their legal rights and interests of litigation. It should have the following five main features: (A) the power of proxy is generated by the “delegate” relationship, rather than directly under the law or