The Research Of Victims' Appeal Right Problem In Public Prosecution

China's Criminal Procedure Law in 1996 established the modified litigant status of the victim, but failed to give the victim as a litigant should be entitled to the procedural rights-the right to appeal. The absence of the right to appeal is protection of the rights of victims in criminal proceedings of a defect. This article describes four chapters were given the right to appeal in Civil Lawsuit theoretical perspectives and Foreign reference, and finally proposed to build our system of public prosecution the victim's specific recommendations on the right of appeal.China's Criminal Procedure Law in 1996, be modified to establish the victim status of litigants, but has not been given to the victim as a litigant should be entitled to the procedural rights-the right to appeal. In the first trial against the victim or the ruling People's Procuratorate filed a request can only protest. But the People's Procuratorate, as the main representative of the Public Prosecution Service is the national and community interests and not on behalf of the interests of victims, the People's Procuratorate in the exercise of the right of protest, not taking into account all the interests of victims. Therefore, victims should be given the right to appeal case of public prosecution, so that in the first trial decision or ruling against the right to put forward their own ideas to the court to achieve the purpose of safeguarding their legitimate rights and interests. This article is divided into four parts, namely, the victim described the right to appeal the case to give prosecution the theoretical basis and extra-territorial reference, the last on this basis, the establishment of public prosecution presented the victim the right to appeal the legislative proposals.The first part, the prosecution the right to appeal the case definition of victim. Mainly explains the concept of public prosecution of victims, prosecution of cases of victims in criminal proceedings in various historical periods and enjoyed the status of rights of action, defines the right of appeal in Civil Lawsuit meaning.The second part analyzes the case of public prosecution to give reasons for the victim the right to appeal. First, the status of the proceedings from the public prosecution history of the victim perspective of the development, prosecution right of appeal in this case the victim is the most primitive rights of victims, but in the emergence of class and country, the ruling class in order to safeguard their own interests and set up a special complaint authority instead of victims to exercise the right to appeal. Secondly, the prosecution as a state prosecutor, the highest purpose is to protect national interests, can not fully take into account the legitimate interests of victims. Furthermore, the victim's right to appeal to a certain extent, is also the right to restrict the jurisdiction and the complaint and the Authority will promote the realization of justice. Finally, given the right to appeal in Civil Lawsuit is a necessary requirement of procedural justice.The third part, the victims of extra-territorial prosecution the right to appeal the case to inspect. Mainly on Russia, Sweden, Germany, the three countries the right to appeal in Civil Lawsuit system. The basis of the study is presented for reference in China.The fourth part, proposed the establishment of public prosecution system of the victim the right to appeal specific recommendations. First, a clear case of public prosecution to the main victims of the scope of the right to appeal. In addition to the victim, the victim's legal representative and their close relatives have the right to appeal. Second, the public prosecution to appeal the conditions of victims. Civil Lawsuit protest only the first request of the People's Procuratorate, but only when the People's Procuratorate shall not protest appeal. Third, the period of appeal in Civil Lawsuit. Fourth, the public prosecution to appeal cases the victim is no longer applicable QIANNAN. Fifth, in cases of appeal in Civil Lawsuit limited review of the implementation of the principle. Sixth, the People's Procuratorate should be sent to appear. People's Procuratorate at this time is not the prosecutor, but as a legal watchdog to monitor the trial of second instance.