On The Aggrieved Parties' Rights In Litigation

The two major benchmarks of criminal legislation are to punish criminality and safeguard human rights. The amended Criminal Procedure Law of China has broken through in the assurance of the criminally aggrieved parties' rights, which is mainly reflected in on the establishment of the status of the aggrieved parties, where the aggrieved parties are entitled to the rights in litigation such as the right to apply for protest. However, some issues are still calling for immediate solution and perfection, where the law has not expressly brought bring the aggrieved organizations into the scope of the aggrieved parties; the empowerment of the aggrieved parties to veto the decision on no pros asdesigned by the aggrieved parties' relief system via private prosecution is something hypercorrect; the entitlement of the aggrieved parties is only to the right to apply for protest only and is not an independent right of protest and is not well in place, etc.. In the perspective of the aggrieved parties' rights in litigation, this dissertation focuses on the meaning of the aggrieved party, that whether the aggrieved parties should be entitled to the right of appeal and the perfection of the aggrieved parties' relief system via private prosecution. This dissertation is divided into 5 sections. In its macro perspective, this section titled "Legal Philosophies to Be Established" raises 3 fundamental philosophies to be adhered to during the study of the aggrieved parties' rights in litigation: to concentrate on the protection of the aggrieved parties' legal rights and interests, on the equilibrium between the aggrieved parties' rights in litigation and the accused' right in litigation, on the supervision and on the constraint of the judicial powers such as right of public prosecution. These 3 fundamental philosophies come throughout his dissertation, standing to be the framework for the discussion of the advantages and disadvantages in the aggrieved parties' related rights in litigation. In section 2, in the light of the fact that the law has not expressly brought ing the aggrieved organizations into the scope of the aggrieved parties. , tThe writer puts forward the point of view that "the aggrieved organizations are also the aggrieved parties". In order to justify this viewpoint, the writer refutes the proposition that "the aggrieved parties only refer to natural persons" as the first argument; further more, the reasons of the aggrieved organizations' being as the aggrieved parties are elaborated from the angles of the perspective of the original purpose of legislation, the endowment of organizations with rights in litigation and capacity to act, the significance of the entitlement of organizations to rights in litigation, the advantages in the aggrieved organization's being as the aggrieved parties; meanwhile, via the use for of reference of and the comparison with the theories on organizational criminality as elaborated in criminal law, what are raised are some assumptions on the legal status of the criminally aggrieved private enterprises and organizations' internal affiliates. Section 3 focuses on the necessity for the entitlement of the aggrieved parties to the right of appeal. Firstly, the writer enumerates from the negative side about the restrictions on the principle of "no appeal resulting in additional punishment", and the further burden on the courts of second instance and the hang-ups confronted by the current structure of action as arising from the aggrieved parties' right of appeal; secondly, the writer extends the viewpoint that the right of appeal should be enjoyed by the aggrieved parties from the discussion on the shortcomings in the right to apply for protest; meanwhile, in the light of the above three reasons to deny the right of appeal, via the elaboration of the relationship between the appeals lodged by the aggrieved parties and the principle of "no appeal resulting in additional punishment" and the relationship between the cases of...