刑事案件的当事人不是诉讼参与人,诉讼参与人只是参与诉讼,而当事人却是对诉讼的产生和存在均有决定性影响的人。本文划清了司法主体、诉讼主体和参诉主体这三种主体的界限。当事人不等于诉讼主体,诉讼主体是由诉讼法律关系产生的,而当事人在诉讼发生前早已存在;当事人是实体法律关系的主体,即案件实体中的两方主体。诉讼当事人是指案件实体中的当事人,诉讼并没有创造出新的当事人;程序意义上的当事人应称为当诉人。当事人是身当其事的人;当诉人是身当其诉的人。 The parties involved in a criminal case are not parties involved in litigation. The litigant participates only in litigation, but the litigant is a person who has a decisive influence on the occurrence and existence of the litigation. This article draws a clear line between the judicial subject, the subject of litigation and the subject of litigation. The parties are not equal to the litigation subject, the litigation subject is generated by litigation legal relationship, while the litigant exists long before the litigation occurs. The litigant is the main body of the legal relationship of the entity, ie the two parties in the litigation entity. The litigant refers to the litigant in the case entity, and the litigation does not create a new litigant. The litigant in the procedural sense should be called the respondent. The parties are the ones who have taken the proper course of action;