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一、新刑诉法有关被害人诉讼地位的新规定 传统理论认为,在公诉案件中,被害人不是诉讼当事人,而仅是控诉一方的诉讼参与人,享有法律赋予的极为有限的诉讼权利。而新《刑诉法》的公布,打破了传统理论的界限,将被害人纳入了“当事人”的范围,并赋予其较现行法律更为广泛的诉讼权利。法律的这一变化,不仅使被害人成为了独立的控方当事人,而且也极大地增强了被害人与被告一方当事人抗衡的能力。特别是法律的变化,更促成被害人以下特点产生:
First, the new Criminal Procedure Law on the status of victims of the new provisions of the traditional theory that the prosecutorial case, the victim is not the litigant, but only one of the parties to the prosecution litigation, enjoy the law to give a very limited litigation rights. The publication of the new “Criminal Procedure Law” has broken the boundaries of traditional theory and has included the victim in the scope of “the parties” and given it a wider range of procedural rights than existing laws. This change of law not only made the victim an independent prosecutor, but also greatly enhanced the ability of the victim to compete with one of the defendants. In particular, the changes in the law have also contributed to the following characteristics of victims: