论文部分内容阅读
长期以来在“刑法是犯罪者的大宪章”理念的指导下,司法实务与理论界关注的焦点主要集中在被告人权利保护方面,为了避免“二元制”诉讼结构下司法机关代表国家追究被告人刑事责任时因力量对比悬殊而可能侵犯被告人利益行为的出现,刑事立法从各个方面加大对被告人利益的保护。而作为人身或财产权利遭受犯罪行为侵害的被害人,却承受着权利遭受侵害及权利保障不被重视的双重痛苦。
For a long time, with the guidance of the “Criminal Constitution as the Magistrate’s Magna Chart”, the focus of judicial practice and theorists has focused on the protection of defendants’ rights. In order to avoid the “dual system” litigation structure of the judiciary When representing the state in investigating the defendant’s criminal liability, the state may infringe on the interests of the defendant due to the disparity in the amount of power. Criminal legislation should increase the protection of defendant interests in all aspects. However, victims who have been victims of criminal acts as personal or property rights suffer from the double pain of infringing their rights and safeguarding their rights.