刑事诉讼中死亡被害人诉讼代理人的诉讼地位及其作用在法律上并不明确,导致实践中产生很多争议,如死亡被害人代理人的诉讼地位与诉讼权利均不甚明确。本文根据刑事诉讼原理以及律师工作的实践经验,建议在法律中明确规定死亡被害人诉讼代理人的诉讼地位和诉讼权利,使其具有类似于刑事辩护人的独立诉讼地位。 The litigious status and role of legal representative of the victim of death in criminal proceedings are not legally clear, leading to many controversies in practice, such as the status of litigant’s death and the right of litigation are not clear. Based on the principle of criminal procedure and the practical experience of lawyer’s work, this paper suggests that the legal status of the legal representative of the victim of death is clearly defined as the litigation status and right of litigation, so that it has an independent litigation status similar to that of criminal defense.