我国现行刑事诉讼法赋予了公诉案件被害人以当事人的地位,但法律没有对被害人出席法庭问题作出规定,这不利于对被害人合法权益的保护。笔者试从被害人当事人地位的独立性、实现诉讼的平等性以及证据质证的必然性等几个方面论证了公诉法庭应该设置被害人席的理论依据,并提出了公诉法庭设置被害人席的初步构想。 The current Criminal Procedure Law of our country gives the victims the status of the parties involved in public prosecutions, but the law does not provide for the victims to attend the court issues, which is not conducive to the protection of the legitimate rights and interests of the victims. The author tries to prove that the indictment court should establish the theoretical basis of the victim’s seat in several aspects, such as the independence of the victim’s status, the equality of the litigation and the necessity of the proof of evidence. The author also puts forward the preliminary conception of setting up the victim seat in the prosecution court.