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近年来被害人权益保障问题受到越来越多的重视,许多国家纷纷制定、修改立法以加强对被害人权益的保护。而在我国刑事公诉案件中被害人的权益至今仍被强大的国家公诉权所掩盖,没有受到应有的重视。现行立法对被害人各项权利的规定不仅范围狭窄无法适应世纪的需要,而且由于具体操作等方面存在缺陷导致被害人现有权利在司法事务中很难有效实现。因此,借鉴国外的立法经验并结合我国司法实际构建一套完备的被害人保障制度是我国目前司法建设的当务之急。
In recent years, more and more attention has been paid to the protection of victims ’rights and interests. Many countries have formulated and amended their legislation to strengthen the protection of victims’ rights and interests. However, the rights and interests of the victims in China’s public prosecution cases are still overshadowed by the powerful national public prosecutorial power and have not been given due weight. The current legislation not only narrows the range of victims’ rights, but also can not adapt to the needs of the century. In addition, the existing rights of victims are difficult to be effectively implemented in judicial affairs due to the defects in specific operations and so on. Therefore, drawing on the experience of foreign countries for reference and building a complete system of victim protection in light of the judicial practice in our country is a top priority issue for the current judicial construction in our country.