A Study On Status And Rights Protection Of The Criminal Victim

Modern theory of criminal action holds, criminal procedure law mainly deals with the relations between state power and individual rights of the criminal suspect and the accused. Therefore, all countries attach great importance to protection of the accused, while the victim is basically excluded from the action. With development of human rights theory worldwide and promotion of the study on the victim, the role the victim play in litigation gains more attention. Although the position of the victim in litigation has been greatly improved after China Criminal Procedure Code was amended, common understanding has not been reached in theory on litigation position of the victim. The rights and interests of many victims cannot get protected effectively in judicial practice.As concerned party in criminal case, the victim is closely related to consequence of the action. Therefore, the victim should be regarded as litigating party. The reasons are as follows: the need of the balance of interests in litigation; the need of check on state power; the need of protecting dignity and self-realization of the victim. The position of the victim as concerned party does not contradict the protection for the rights of the accused.Though procedural protection for the victim has been lengthened since 96 China Criminal Code came into effect, there still exist some disadvantages. The system of private prosecution should be further improved, while in case of public prosecution, the victims right toparticipate and the right to relieve need to be perfected, the victims influence on substantive settlement of a case should be expanded.The liabilities of the accused can be resolved by way of incidental civil procedure. The victim's request for moral jury compensation may be and should be satisfied . Moreover, the problem can be resolved by the system of state compensation makes sense when the accused is insolvent.