“三造诉讼”是刑事公诉案件中控方、辩方和被害方的对抗。被害人若想成为诉讼一“造”(parte/party),前提是必须具有“当事人”或“准当事人”的法定地位,否则就“造”不起来。我国的立法体例世界罕见,学界褒多贬少,“继续扩大或落实被害人权益”已是通说,似乎无可置疑。“被害人广泛参诉”是《国际刑事法院罗马规约》(下称《规约》)的核心创制之一(另一个就是预审机制),但是没有赋予被害人“当事人”地 “Three made litigation ” is the prosecution in the criminal prosecution, the defense and the victim of the confrontation. If the victim wants to become a parte / party, the premise is that the party must have the legal status of “party ” or “prospective party ”, otherwise “make ” is not up. The law system of our country is rare in the world, and the academic circles praise less and derogate less, “it is beyond doubt that” the government will continue to expand or implement the rights and interests of victims. “ ”Victim-wide Complaint “ is one of the core creations of the Rome Statute of the International Criminal Court (hereinafter referred to as ”the Statute“) (the other is the pre-trial mechanism), but not to the ”victim"