被害人上诉权问题研究

由于抗诉条件的限制 ,我国公诉案件被害人的抗诉请求很难实现。赋予被害人上诉权是由审判权的终结性、权威性、被动性决定的 ,符合当代刑事诉讼法的发展趋势 ,能够充分保护被害人的利益 ,能够制约法院审判权的滥用。赋予被害人上诉权可能与上诉不加刑原则相冲突并可能导致诉讼迟延、滥诉以及改变诉讼法律关系等技术方面的问题 ,但是这不能否定赋予被害人上诉权的必要性

Research On The Question of The Appeal Right of The Injured

It is difficult to accomplish the demurrer request of the injured in our country's cases of public prosecution due to the restrictions of demurrer conditions. It is decided by the end character, authoritative character and passive character of adjudicative power to give the injured appeal right, which is in conformity with the developing tendency of modern criminal procedure law, fully protect the benefit of the injured and restrict the abuse of adjudicative power. Granting the appeal right of the injured might conflict with the rule of appealing no increase of penalty, and cause technological problems of the delay of proceeding, indiscriminate lawsuits, changing legal relationship of procedure and structure of action, but this cannot deny the necessity of giving the injured appeal right.