On The Status And Rights Protection Of Criminal Victim

Criminal victims who suffered criminal offence directly are also the party concerned who can accuse a crime in the criminal litigation. Seeing from the narrow sense, Criminal victims are only the natural persons killed in the public prosecution case. They are different from victims, because they only suffered violate of criminal offence, not violate of other. And they are also different from crime victims, because the crime victims probably have no quilt law detection. They have the dual meanings of entity and procedure. On the entity, criminal victims are those whose legal rights suffer criminal offence directly this is different from what some scholars claim as procedural victims, at the same time, on the procedure, criminal victims are those who have rights to accuse a working talent of the party concerned in the criminal litigation performance. Criminal victims in this text for being discussed are only the natural persons who are killed in public prosecution case. This article investigates the representative nations of the systems of anglo-American law and the civil law concerning the litigation position of the criminal victims and the litigation rights of them: in the countries of anglo-American law system ,criminal victims generally don't have the litigation position of the party concerned, just conduct as general witnesses, but from whole to see, the strength of the law protecting criminal victims is not weak, and in these nations the criminal victims have more litigation rights. But in the countries of civil law system criminal victims are generally provided rights and obligations as the party concerned.Checking against abroad lawmaking and our criminal procedural law of the People's Republic of China in 1979, the criminal procedural law of the People's Republic of China revised in 1996 had a bigger development about the rights of criminal victims. Criminal victims of public prosecution case have already been designated as the party concerned. This is a performance of the progress in our democracy and legal system. Aiming at in recent years educational circles concerning the victim whether should be given the party concerned position of discussion, in the writer's opinion, giving the victims the litigation position of the party concerned is a kind of benefit more than fraud. We can't deny the opportunity of victims to walk to court which is called a great many times just to fight for because the litigation rights of victims are enforced in practice medium or the law is unjust in the hard realization of situation like some scholar.Criminal victims should have the litigation position of the party concerned ,and this is not figured out by some scholar whose brains have fever ,but have deep theories foundation of a kind of reasonable laying claim to: Dignity value theories provided a basis for the right that the victims possess conducting and actions one should possess, from ultimate end humanities concern of angle, it explains the theories foundation for why the victim can participate litigation ; Victim's holding some retribution idea is the tool foundation that the victim participate litigation.The article investigations law relation of commence again, both parties in the law relation surface layer actually include three square corpus of, because the accusation party was the nation of the public prosecution organization and the criminal victims, they all created right and obligation relation with crime person, three square the corpus had respectively independence of value and position, thus it is further explicit the litigation position which the criminal victims should have: with public prosecution organization, should regard public prosecution as principle, the victim sue for assist. Giving the right that the victims entrust criminal agent, can establishment the opposite balance litigation structure of criminal litigation in both parties concerned.For all that, there are still many shortages, and the victims haven't got the rights from the procedure in the criminal litigation practical valid of guarantee, and the law provision and reality demand still exists very big margin. For example, the rights and obligation of agent of victims don't have the concrete law provision. Although the law about victims has already had the rights concerning the litigation information and the data and participate litigation process to announce the right of own opinion, be the same as the party concerned, the accused person's litigation right much more than victims have. The victims lack of independence resort power. They also don't have the right of claiming infliction of emotional distress the victims suffering material loss usually also can't realization because of indemnity and sink into very embarrassed to trap etc.Therefore we should make our law further perfect to protect the right of criminal victims. This article tried to put forward work outing this problem of concrete suggestion and method according to our country criminal court of related provision and the victim position of the criminal litigation and the right of reality condition. Criminal victims should possess independence right of resort when he defied of all levels court. Because only giving victims and their agents the right to beg protest can't hard full maintenance victim of legal rights, in the meantime it disobeys litigation fair principle if victim and their agents have no rights of independence of resort. The victim who suffered from spirit injure because of the criminal offence should have the right of supplementary civil case in court, this is overall maintenance criminal victim legal rights of objective demand, and it can make the system of criminal victim right perfect in our country, and can also avoid lawmaking up the emergence antinomy. Establishment the system of repair in our country give criminal victims suffering from material loss because of criminal offence or spirit injure the right to claim compensate from nation. This is decided by the nation property of our country and this is the effective demand of the victim decision of, it can also relief the illegal phenomenon of private when victims are afraid of accusing crime and can not get economy compensate. Establishment society supporting system can make the whole society formation to comprehension, concern, and respect with victims .