Conflicts And Balance Between The Rights Of The Victim And The Accused Under Adversary Procedure

In 1996 our country carried on to have the original Law of Criminal Procedure revised, and make the proceeding converted from inquisitional procedure to adversary one. To strengthen the protection of the rights of the defendant and improve the status of defendant's actions is the main line of this reform; meanwhile in line with the international trend, the issue of protecting the rights of victims was also had taken note of in this reform. And the victim was entitled a party in the prosecution's case. Overall, this reform is a success, but for the lack of supporting systems, and the misunderstanding of the status and the role of the victim, the imbalance between the protection of the rights of victims and accused has not been significantly improved. As educational penalty and purpose-designed penalty being the contemporary mainstream view in the backdrop, the issue of protecting the rights of victims are becoming more prominent. Through analyzing the root causes of conflict between the rights of the victims and the rights of the accused, combined with inspecting the regulations and practice of typical adversary countries like Britain and the U.S.A, it is concluded in this paper that to strengthen protecting the rights of victims of criminal, the following principles should be retained: the rights of the accused should be reserved.; the economic compensation should be taken priority and the principle of restoring. Guided by the criminal equilibrium theory, this paper also concluded that within the procedure, the main points is to establish a balance between the prosecutor and the defendant. While to establish a balance between the rights of victims and the accused is outside the procedure. This system includes the perfecting of civil compensation system; establishment of a national compensation system and the development of social assistance and so on. Among these principles the principle of restoring is the most important one. Finally, several proposals are put forward. in this paper on the basis of the analysis of the practice of restorative justice in our country.