论刑事被害人诉讼权利保障的完善

Improvement of Guarantee for the Right of Criminal Victims in Litigation

现代刑事诉讼制度发展的趋势在充分保障犯罪嫌疑人、被告人诉讼权利的同时,也重视加强对被害人诉讼权利的保障。我国现行刑事诉讼法在这两个方面都做了有益的尝试。针对我国法律对被害人诉讼权利保障的缺陷,提出对被害人的起诉权作出完善的规定,确立刑事被害人的上诉权,明确规定刑事被害人的诉讼代理人相应权责,完善被害人陈述意见权,加强对被害人知情权的保障,建立精神损害赔偿制度增设国家补偿制度。

In the modem criminal procedural system the rights of criminal suspects and defendants in litigation are fully protected and at the same time an importance is also attached to strengthening the protection of procedural rights of victims. A beneficial attempt has been made in these two aspects in current Criminal Procedure Law in China. In connection with the deficiencies of China＇s law in protecting the rights of the victims, the right of action for victims to make proper provision to establish a right of appeal in criminal victims was proposed to clearly define corresponding powers and responsibilities of agents of victims in criminal proceedings, to improve the victim right to be heard, to strengthen the protection of the victim＇s right to know, to establish a moral damage and compensation system, an additional State compensation system.