被害人权利的逻辑起点:侦查阶段的知情权——兼谈立破案回告制度

Logic Starting Point of the Victim's Right:the Right to Know in the Investigation Procedure——And on the System of Reply after Case Filing and Solving

作为诉讼主体,被害人在刑事诉讼中应享有广泛的权利,但长期以来,被害人的权利处于被遗忘的角落。在被害人所应享有的权利中,知情权是其他权利的逻辑前提和基础。虽然我国《刑事诉讼法》规定了被害人在侦查阶段享有知情权,但在知情权的内容、享有的方式以及这一权利受到侵害后救济途径等方面的规定还有不完善之处,在理论和司法实践中产生了很多问题,损害了被害人的诉讼主体地位。因此,应以司法实践中创新的立破案回告制度为基础,通过将此制度法制化来完善被害人在侦查阶段的知情权。

As the main body of the criminal procedure, the victim should enjoy extensive rights. But for a long time, the victim＇s rights have been neglected. Among his all rights, the right to know is the logical premise and basis for other rights. The victim＇s right to know was regulated in the Criminal Procedural Law, but the contents, ways of enjoyment and relief measures of the right have defects, which have led to many problems in the theory and the practice; consequently, the victim＇s main body status was impaired. The victim＇s right to know should be perfected based on the legalization of the system of reply after case filing and solving.