被害人及其近亲属委托律师作为代理人参与刑事诉讼,这是一个至今未引起重视的实际问题。由于对此问题缺乏必要的探讨,在司法实践中,对刑事诉讼代理人的地位和作用常常被忽视。有的公诉人在法庭上以“刑事诉讼法没有规定”为由,认为律师作为刑事诉讼代理人参加法庭审理活动是非法的。有的公诉人认为,被害一方委托代理人参与诉讼是对公诉人的不信任,甚至宣布“代理人出席法庭自己则退出”。有的法院在 Victims and their close relatives entrust a lawyer to participate in criminal proceedings as an agent, which is a practical issue that has so far failed to be taken seriously. Due to the lack of necessary discussion on this issue, the status and role of criminal litigation agents in judicial practice are often overlooked. Some prosecutors in court to “Criminal Procedure Law does not provide for” grounds, that lawyers as criminal prosecutors to participate in court hearings is illegal. Some prosecutors believe that one party to the victim commissioned an agent to participate in the litigation is not trust the public prosecutor, and even announced that “the agent himself to attend the court to exit.” Some courts are there