现行法律虽然赋予了被害人间接上诉权,但是在司法实践中却带来了诸如全面审查、既判力等一系列尴尬和窘境。被害人和被告人的权利配置严重不对等,加之上诉不加刑原则,使被告人的上诉权仅限制在附带民事诉讼案件中民事部分的狭小一隅,而只有对公诉案件享有抗诉请求权。赋予被害人有限的上诉权、突破现有附带民事诉讼的二审程序、实现被害人与被告人权利的同等配置、有区别地适用上诉不加刑原则是改变间接上诉权现状的有效途径。 Although the current law gives the victim an indirect right to appeal, it brings with it a series of embarrassing and awkward situations in judicial practice such as a comprehensive review and res judicata. The rights of victims and defendants are not equal in their allocation of rights. In addition, the principle of appeasing without penalty limits the defendant’s appellate right only in the narrow corner of the civil part of the incidental civil action cases, and only has the right of protest against the case of public prosecution. It is an effective way to change the status quo of the indirect appeal by giving the victim a limited right of appeal, breaking through the second instance procedure of the existing incidental civil action, and equalizing the rights of the victim and the accused.