摘要
我国现行刑事诉讼法虽赋予了公诉案件被害人以诉讼当事人的主体地位 ,但并未赋予其独立的上诉权。被害人享有上诉权对被告人的上诉权并无影响 ,同时 ,赋予被害人上诉权亦不妨碍诉讼效率的实现。因而 ,我国刑诉法应赋予被害人独立的上诉权。
Chinese current criminal procedural law grants the injured in public prosecution the position of subject as a litigant, but doesn't grant him the independent appeal right. The appeal right which the injured enjoys doesn't affect the appeal right of the defendant. In the meanwhile, granting the injured the appeal right will not stand in the way of the realization of litigation efficiency. Consequently, Chinese criminal procedural should grant the injured independent appeal right.
