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Analysis On The Right Of Appeal Of Criminal Victim

Posted on:2007-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:L L LeiFull Text:PDF
GTID:2166360185980961Subject:Litigation
Abstract/Summary:PDF Full Text Request
That how to safeguard the rights and interests of victims is one of the important indicators that scales of the adequacy of the rights and interests of the people in the Country. The right of appeal is the inherent and necessary relief of a human rights, is the subject to achieve the protection of the incarnate rights and procedural right of parties. According to China's current Criminal Procedure Law Article 182, the victim only have the right to request the People's Procuratorate to present a protest against the judgment of first instance that did not come to efficient, without right of appeal. The modus operandi that using application protest against a judgment completely replacing the right of appeal is not commensurate with the status of parties that stated by the Criminal Procedure Law, more seriously is the impact of the economic interests of the victims or the protection of their personal rights. Because the right of protest against a judgment as a national power, and its main purpose is to safeguard national interests and protect the interests of the victims, as the impacts of traditional intention and reality legal etc, and it is not perfect, the People's Procuratorate exercising the right of protest against a judgment is very difficult to achieve to idealistic national interests and personal interests taken into account. Therefore, appear is allowed for victims as to safeguard their own interests. Through a trial court judge to advocate for their own purpose of safeguarding its own interests is particularly necessary to give victims the right to appeal is a pressing need to address the issue.The presented article starts from the concept of the victim, probes into the victim's characters, the status of the criminal proceedings, and the right of appeal to the meaning and nature of the victims. secondly, the right to appeal of victim stated in two legal systems were inspected and comparatively analyzed. The value and function of the victim the right of appeal went to analysis on top of the article. Next the controversial theories on the right of appeal of victims should be given or not in the academic articles were introduced, and the need for and feasibility of the right of appeal established for the victims in the country were demonstrated further. In the last part of this article, in our national current legal system and environment, the victim should be given a limited right of appeal, and a preliminary concept and specific legislative proposals and relevant supporting measures were proposed.
Keywords/Search Tags:Criminal Victim, Value, Function, limited right of appeal
PDF Full Text Request
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