Font Size: a A A

Talk The Protection About The Participation By The Victim From The Reciprocal Relationship Between The Victim And The Prosecutor

Posted on:2005-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y XueFull Text:PDF
GTID:2156360152470839Subject:Law
Abstract/Summary:PDF Full Text Request
This paper is about how to protect the right of participation by the victim in the angle of the contradictory relationship between the victim and the prosecutor. Many scholars discussed how to protect the rights of the victim by resolving the conflict between the victim, prosecutor and the defendant. There is the conflict between the victim and the prosecutor. There will be a serious impact to the litigate construction and the efficiency about the lawsuit. The writer expatiated the necessity of the participation by the victim in the criminal litigation and the deficiency of the regulation about the right of participation in the criminal litigation by the victim in our country through the study of the contradictory relationship between the victim and the prosecutor.The writer also made suggestions to the Criminal Procedure Law of our country about the perfectness of the right of participation by the victim in the criminal litigation. There are 6 parts.1) Look back of the history, there was a reciprocal relationship between the victim and the prosecutor.2) The reason of the reciprocal relationship is because both the victim and the prosecutor are two comparatively unaided parties in the criminal litigation and there is contradiction between them. This is so called the independence of the contradiction. The victim has the independent dignity. The victim has her particular request ofbenefit. It is differed from the mentation of everyman's revenge to the defendant and request of the hope of the relief from the criminal law. This is so called the difference of the contradiction. The reciprocal relationship is different in the history according to the protection of the benefit.3) The victim is required to participate the criminal litigation based on the reciprocal relationship between the victim and the prosecutor. The benefit of the victim can not replaced by the country because of the independence and the difference of the contradiction between the two parties. The principal of the balance is required in the regulating of the relationship between the victim and the prosecutor. The principal of the participation by the victim is to assure the victim's right.4) Study the different regulations of the right of the participation by the victim in the criminal procedure, such as England, the USA, France, Germany, Russia and Japan.5) The history of the reciprocal relationship between the victim and the prosecutor of our country. In the amended Criminal Procedure Law of China (1996), it confirmed the victim was a party in the litigation. This regulation heightened the status of the victim in the litigation. But there are still many deficiency in the protection of the victim in the amended Criminal Procedure Law of China. They are: the relief of the right of bring the lawsuit; the conflict between the private prosecution and the public prosecution; the right of knowing the inside of the case of the victim is not enough; the justice diaphaneity is not enough; the victim has not the right of suggestion in the punishment; the victim has not got the right of appeal.6) The suggestion of the right of the victim participated in the litigation: establish the system of the application of the judicial review in the right of sue; hear the idea of the victim in the moment of bring the suit to consummate the right of the statement by the victim in the moment; give the victim the right of suggestion in the punishment; give the victim the right of appeal.
Keywords/Search Tags:The reciprocal relation, The victim, The right of participation, The protection
PDF Full Text Request
Related items