Thought On Some Issues Of Criminal Victims' Rights And Interests Protection On The Perspective Of Procedural Justice

Protection of the rights of criminal victims is the hot issue in the theory and practice of criminal proceedings. It has become a prominent aspect in the international criminal justice policy to reform and develop the participation right of criminal victims in criminal proceedings. However, there are few writings of specialized research on the victim's status and rights in criminal proceedings in the field of criminal procedural law in our country, the research on the protection of the victims rights is still in its infancy, and there is a big gap between the rule of law compared with foreign countries. Our law gives the criminal victims the identity of criminal litigants, but due to some historical and practical reasons, it is hard to truly realize the litigant status of criminal victims in practice.We should recognize that with the development of the times and the gradual maturity of social progress and rules of law, the proceedings status of victims in criminal proceedings has been continuously improved, the protection of their rights has been increasingly taken into account, but the defects on protection for rights of victims in legislation and judiciary are increasingly appeared. In the existing criminal procedure law, various provisions were made to the right of criminal victims to participate in the proceedings, such as the right to sue, the right to participate in the trial etc. But in practice, there exist a variety of problems:such as how to participate in the trial given by their own or noticed by court, which forms sorts of obstacles to criminal victim, makes the provisions of procedural law a mere scrap of paper, making the victim's rights are not properly protected. Therefore, from the value of justice and home and started to discuss the status quo of the victims rights protection, of necessity and practicability and how to improve the legislative and judicial practice of the problem, the victim and put their rights and protection of victims, harmonious and stable social order, this is what we need to explore and carefully studied the topic.This article is divided into four parts:Part I:The application of justice and the victim of human rights guarantees the basic principle of rights guarantees. This part firstly explains the basic law spirit of protection of victims'rights and interests under the modern criminal judiciary on such three aspects as the origin, the basic philosophy, the core and theoretical. Second, on the view of the theory of human rights, explains that protection of rights of victims and the human rights of the defendant are two basic balance points in modern criminal proceedings. These two have equally important values, and we should not exchange the interests of one party at the expense of the interests of the other's.Part II:Victims rights protection system the principle of the value of the subcommission. The rights of victims of justice from the value of justice and the application entity just two value of the subcommission and the victim of the right level of necessity and practicability aspects elaborated. Partâ…¢:The victim rights protection system of certain problems subcommission. The parts from the victim rights protection system operating status and problems to be elaborated and analyse its causes.Partâ…£:Thought on some Programs of criminal victims' rights and interests protection on the perspective of procedural justice. The part of the view from the application of justice under the victim rights protection system build in principle, and from five to expatiate on the criminal process and protect the rights of criminal cases the victims.