现代刑事诉讼基于正当程序的价值理念,一直将被告人权利保护作为关注的焦点,被害人权利则一直处于边缘化的状态。本文对不同诉讼阶段被害人享有的权利进行梳理,发现被害人权利问题主要表现为三个方面:一是程序参与权无保障;二是权利缺失;三是救济途径不畅通或者缺少救济程序。究其原因除了法律规定缺失外,还包括以犯罪控制为核心的诉讼模式、不合理的内部考核机制等因素的干扰。 Based on the value concept of due process, modern criminal procedure has always taken the protection of defendants’ rights as the focus of attention and the rights of victims have been marginalized. This paper sorts the rights enjoyed by victims during different stages of litigation, and finds that the victim rights are mainly manifested in three aspects: First, the procedural right to participation is not guaranteed; second, the lack of rights; third, the relief channels are not smooth or there is no relief procedure. In addition to the reasons for the lack of legal provisions, but also includes criminal control as the core litigation model, the irrational internal assessment mechanism and other factors.