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被害人陈述是我国刑事诉讼法规定的独立证据种类,但关于被害人陈述的审前调查,刑事诉讼法却疏于规范。一般西方国家关于被害人陈述的审前调查,都作为证人证言进行,并且严格限制其证据效力。我国刑事诉讼法虽然将被害人陈述独立归类,但关于被害人陈述的审前调查,仍然与证人证言无异。从正当程序原理出发,应当对审前调查中的被害人陈述的证据效力进行合理的限制,并且应当在被害人陈述的审前调查程序中贯彻任意侦查原则、保障辩护方的调查权利。
The victim statement is a kind of independent evidence provided by the Criminal Procedure Law of our country, but the criminal procedure law is neglected normatively about the pretrial investigation of the victim’s statement. The pre-trial investigations conducted by the general western countries on the statements made by the victims are all conducted as testimony of witnesses and the effectiveness of evidence is strictly restricted. Although China’s criminal procedure law classifies the victim’s statements independently, the pretrial investigation on the victim’s statements is still no different from the witness’s testimony. Proceeding from the principle of due process, the effectiveness of the evidence presented by the victim in the pretrial investigation should be reasonably limited. And any principle of investigation should be implemented in the pretrial investigation procedure stated by the victim so as to safeguard the investigative rights of the defense.