辩护人与刑事诉讼代理人的权利从何而来，文章从法律制度的沿革和各国有关法律规定分析研究得出：辩护人权利的本源在于犯罪嫌疑人，被告人所享有的辩护权；刑事诉讼代理人的权利虽来源于被害人，但同时也享有被害人所不享有的诉讼权利 From the evolution of the legal system and the analysis of the relevant laws and regulations of various countries, the author draws the conclusion that the origin of the defender’s rights lies in the right of defense enjoyed by the criminal suspects and the accused, and that the criminal prosecutors’ Although the rights come from the victims, they also enjoy the right of litigation not enjoyed by the victims