The Disquisition Of The Litigant Status And The Right Safeguard Of The Criminal Victim

From the second world war, the disquisition of the criminal victim has become an absolute subject, especially after 1980, the right safeguard of the criminal victim has been emphasized in international. To extend the right of the criminal victim was very an important gut of the reformatory about the criminal procedure for every country. In our country, the disquisition has aroused the attention of the scholars, but still very simple and easy. In our country although after 1996, more rights have been given to the criminal victim, one side, some right cannot come true because of the condition of the society factor, on the other side, the right is inadequate.The pioneer meaning of the criminal victim is about the sacrifice for deity in ritual. As the development of the social system, the meaning has extended. In modern times, the meaning can be explained in narrow sense and broad sense. The narrow sense is more common. We should know the consistency between the litigant status and the right safeguard of the criminal victim. The status is the safeguard of the right, the right is the embodiment of the status. In different legal pattern, because of the differences of the tradition and the national benefit, the regulation about the criminal victim is also different. In the country of Anglo-American Legal System, the litigant status is not very important, more right is endowed, especially avoiding the "second damage". In the country of Civil Law and Legal System, some countries endow the criminal victim with the status of Litigant, and some rights are endowed. As the development of the Legal System, the international criterion is coning into being, although it had no compulsion for every country, more and more country accepted it. Our country also does its best to close, but there are still lots of problems about the criminal victim. Although the status of Litigant was endowed, because of the deficiency of the system in practice, the right cannot be implemented. In order to change this status, for one side, the right system should be set up, more rights should be endowed; For the other side, the system of social security should be set up, the system of Assistance and the system of Aid. The problem of the criminal victim should be attended, everyone should try hard.