关于被害人诉讼地位的比较研究

法国的被害人在刑事诉讼中居于民事当事人的诉讼地位;日本、美国刑诉中的被害人具有证人的诉讼地位;德、英、中、俄刑诉中的被害人具有当事人的诉讼地位.被害人的赔偿程序各具特色.世界各国有关被害人立法的共性包括注重保护被害人合法权益;注重与被告人诉讼权利的平衡;注重对司法权力进行监督与制约,尤其是对公诉权的制约与监督.我国刑诉中对被害人立法在立案、侦查、起诉、审判各阶段都有缺陷,应予完善.

Comparative Research into Litigation Status of the Injured

The injured in criminal litigation in France is in the litigation status of civil litigant. In America, the injured in criminal litigation is in the litigation status of witness. However, the injured in criminal litigation in Germany, England, China and Russia is in the litigation status of litigant. The compensation procedure for the injured varies in those countries. Each country in the world has something in common about the legislation of the injured. They all lay emphasis on the protection of the legitimate interests of the injured, the balance of the litigation rights between the injured and the defendant, the supervision and restriction towards the judicial authority, especially towards the power of prosecution. The legislation about the injured in Chinese criminal litigation has disadvantages in the respect of putting on record, investigation, prosecution and trial, and needs improving.