刑事被害人主体性与诉讼结构关系思辨

The Relationship between Victim's Subjectivity and the Structure of Criminal Proceedings

被害人主体性价值是刑事诉讼制度走向文明和民主的一项重要标志,但被害人主体性与现代刑事诉讼控辩平等对抗、审判居中裁判的诉讼结构之间存在着一定的冲突之处。为此,应当赋予被害人相对独立的诉讼地位,并通过制度设计,协调其与控诉机关之间的配合与制约关系,并与被告人有关正当程序权利之间进行合理的权衡。

The acknowledgement of the victim＇s subjectivity m cnmmat proceectmgs is an important indicator of the democracy and humanity embodied in a criminal justice system. However, the subjectivity of criminal vic- tims is to some extent in conflict with the structure of modem criminal proceedings characterized by the equali- ty and confrontation between the prosecutor and the defender and the impartial judgment of the judge. In order to resolve the conflict, the victim should be guaranteed a relatively independent standing, which is expected to be coordinated with that of the prosecutor and balanced with the fights of the defendant.