刑事被害人追诉功能在司法实践中表现严重不足,本文借鉴其他国家的立法,分析了被害人在刑事诉讼中对国家公诉机关审查起诉、一审判决生效前和判决生效后三个阶段做出决定或裁判的异议,提出了被害人追诉权救济制度的具体方案,同时指出权利必须依法行使。 This article draws lessons from the legislation of other countries, analyzes the victim’s decision or judgment in the three stages of the state prosecutor’s review and prosecution in criminal proceedings, before the first trial came into effect and after the sentence came into effect Disagreement and put forward a specific plan for the relief system of victim’s right of prosecution. At the same time, it pointed out that the right must be exercised according to law.