论我国刑事诉讼中被害人权利缺失及其补救

我国刑事诉讼法明确规定刑事被害人为当事人并赋予一系列权利,但仍然存在被害人诉讼权利的缺失之处,需要立法予以完善,应赋予被害人国家补偿权、独立上诉权、精神损害赔偿请求权、刑事附带民事诉讼选择权等权利,以补救其缺失权利,实现程序正义。

On Victim's Right Deficiency and Remedy in China's Criminal Procedure

It's definitely stipulated in Chinese Law of Criminal Procedure that the criminal victim is a party who should be given a series of rights,but there still exists deficiency of the victim's action right which needs legislation to perfect it.The victim should be given the rights like national compensation right,independent right of appeal, right of claim for mental injury compensation,right of criminal incidental civil action,etc.so as to remedy his deficient rights and to realize procedure justice.