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刑事被害人的诉讼地位经历了一个由高到低,由低再逐渐升高的发展过程,随着世界范围内对被害人权利保护的加强,我国现行《刑事诉讼法》也确立了被害人作为诉讼当事人地位的规定。但是,由于现行法律规范的不完善导致被害人实际上处于一种进退两难的窘境,被害人的当事人地位名不副实。如何使得我国《刑事诉讼法》所确立的被害人的当事人地位名副其实,切实保护好被害人的合法权益变得至关重要。
The legal status of criminal victims has undergone a process of development from high level to low level and from low level to gradual increase. As the protection of victims’ rights in the world has been strengthened, the current “Criminal Procedure Law” of our country has established the victim as the litigant Provisions. However, due to the imperfect existing laws and regulations, the victim is actually in a dilemma. The status of the victim is unfounded. How to make the party status of the victim established in the Criminal Procedure Law of our country worthy of the name and effectively protect the legitimate rights and interests of the victim becomes very important.