法律的社会控制功能通过其作为利益的平衡器而实现,多元利益在刑事诉讼的过程中整体上是统一的,但这种理论上的兼顾在现实的司法实践中带有很强的局限性,在动态过程中多方利益总有冲突碰撞。在诉讼实践中,由于人类认识的局限及社会可分配资源的有限性,各主体间的利益确认与实现呈现失衡态势,特别是对被害人权利保护的失衡尤其需要更多关注。 The function of social control of law is realized through its balance of interests, and the multiple interests are unified as a whole in the process of criminal procedure. However, this theory has many limitations in practical judicial practice, In the dynamic process there are always conflicting interests of multiple parties. In the litigation practice, due to the limitation of human cognition and the limited resources that can be allocated in society, the confirmation and realization of the interests among the various subjects are unbalanced. In particular, more attention needs to be paid to the unbalance of the victim’s rights protection.