论刑事诉讼权益的平衡保护——以被害人诉讼权利的保障及完善为视角

On Balance Protection of Interest of Criminal Litigation——from a Perspective of Guarantee and Perfection of Victims' Litigation Rights

2012年"尊重和保障人权"载入刑诉法典,但是"重视被告,忽略被害"整体格局并未得到真正改善。面对刑事诉讼过于追求破案和胜诉,忽视被害人权益的现状,有必要从被害人刑诉参与权、陈述权、知情权和权利救济制度等方面进行完善,以达到权益的平衡保护。

In 2012, the entry ＂to respect and protect human right＂ entered Criminal Law. However, the situation which defendants are attached with more attention, but the victims are neglected has not been improved. In current situation in which people stress the solution of cases, victory in litigations, and victims＇ rights are ignored. The author of this paper thinks that it is necessary to perfect the systems concerning the victims＇ rights to participate in the criminal litigation, expression right, knowledge right and the right to get rescue in order to achieve the balance of rights.