The Study Of Victim’s Rights In Criminal Proceedings

This paper studies the victim’s rights in criminal proceedings. It regards amendments of the Criminal Procedure Law as the background, and use comparative analysis and comprehensive methods to reflect the criminal procedure legislation, judicial practice pattern and the problems of protections of the rights of victims in criminal proceedings. It is proposed to improve the protection of the rights of victims in criminal procedure system. Purposes of this article can be divided into three levels: the first level is to improve the current Criminal Procedure Law; the second level is to provide a more rational model of the criminal procedures; finally, it provides new solutions of protection for our human rights.Based on China’s current criminal legislation interpretation and studying on criminal cases of public prosecution models in depth, I find that the contradiction between the public prosecution and the victim is inevitable. The current model can not fully reflect the claims of victims, and it may ignore the rights of victims of litigation, even cause the "secondary victimization." This phenomenon is caused by three levels: the legislative level, the judicial level, and the ideological level. The complexity of the criminal case makes the hidden victims difficult to to achieve effective prosecution of criminal offenses, therefore, the State Public Prosecution has its practical rationality. However, under the influence of nationalist ideology, the interests of the state and society is considered greater than the private interests of the victims, therefore, the procedures safeguard the public interests of the state and society as a primary point. This will produce a gap of the victims’ expectation. When the victims’ rights are neglected by the national public prosecution, the contradiction between the victim and this country produces.In this paper, I analyze the interests in the criminal proceedings, including the state and society, as well as the victim’s private interests. Therefore, according to the interests of appeal, criminal proceedings should include complaints of countries and complaints of the victim. In modern times, the state ideology influenced the field of criminal proceedings, and public prosecution in criminal proceedings doctrine become the mainstream of modern national criminal proceedings, however, the victim’s private complaint is excluded from criminal prosecution. The basic premise of private complaint will not return with the double burdens and the imbalances of prosecution and the defense forces.In this paper, the expected innovation is to transform the existing structure of the criminal proceedings, and make it more scientific and rational. This paper proposes to establish a new structure of criminal proceedings- "Four origins and three poles”. This action should include the basic functions throughout the criminal proceedings. In the past, our country’s criminal proceedings was in the hands of the prosecutor, but the actual role of the victim in the indictment activities play a very little role, which is also one of the root causes of the conflict between the prosecutor and the victim. Thus, in these configuration criminal proceedings proposed by this paper, it will be broken down into specific criminal complaint with the Public Prosecution indictment and private complaint of the victim. The directions of two kinds of complaints are Consistent, but the starting point and the specification requirements vary.The value of "Four origins and three poles" is to conduct an accurate allocation of criminal proceedings configuration and criminal charges, and to avoid infringement of the interests of victims. Moreover, such actions can fully reflects the interests of the freedom of disposition, and be consistent with the principles of restorative justice. With this configuration as the guide, this paper studies the protection of the rights of victims in criminal proceedings.This paper argues that the role of victims in criminal proceedings can not be ignored. How to ensure the rights of victims in criminal proceedings with taking the fairness and efficiency of the proceedings into account is the ideal goal to pursue criminal proceedings. Based on this, I propose the "Four origins and three poles" structure of criminal proceedings to establish an "indictment based, supplemented by private complaint" model to improve the protection of the rights of victims.