关于刑事公诉案件被害人上诉权的思考

On the Appeal Right of the Victim in a Criminal Case of Public Prosecution

加强对被害人的诉讼权利保障已成为现代刑事诉讼发展的重要趋势之一,而上诉权是维护被害人利益的一项重要权利。我国现行刑事诉讼法虽然加强了对公诉案件被害人的权益保障,赋予其当事人的诉讼地位和一些诉讼权利,但并未赋予其作为当事人最为重要的一项诉讼权利——上诉权,从而影响了被害人诉讼权利的充分行使和合法权益的有效保障。

To strengthen victims＇litigation rights has become one of the important trends of the modern criminal litigation. And appeal right is one of the important rights to safeguard victims＇benefits. Our current Criminal Procedural Law has taken some measures to safeguard the rights of the victims in public prosecution cases, and give them the position of the party concerned and extremely extensive litigation rights, but it doesnt give them the appeal right which they should have as one of the most important litigation rights. Thus, it prevents the victims from using their litigation rights well or protecting their benefits.