On Guarantee Of The Status In Prosecution For Criminal Victims

Procedure justice is the basic value of prosecution, so it is the righteousness to keep the balance for the structure of criminal prosecution. As the direct undertaker to the crime violation, criminal victim must have the independent benefit expression in the criminal prosecution. Because State agency occupies the dominant position in the criminal prosecution and the national interest often substituted the victim benefit, the criminal prosecution is unbalanced regarding the victim benefit and the accused person benefit protection. The status of criminal victim in criminal prosecution is changed along with the transformation of people s intrinsic understanding to crime essence. The criminal victim's lawsuit status is refers to the criminal victim the position which locates in the lawsuit legal relationship constitution, is the criminal victim participates in the criminal prosecution procedure, the influence criminal prosecution result condition abstract summary, is the criminal victim concrete lawsuit rights and obligations centralism manifests.Modern criminal activity ideas such as humanism, Restorative justice, request to respect the human the dignity value, realize the victim and accused person's lawsuit right balance, may evolve victim's in criminal activity judicial process independent request, becomes establishes the victim lawsuit main body status the rationale. Along with the development of the victimology, people pay more attention to the victim's prosecution status day by day. To protect victim's right is one of the important content of countries' criminal prosecution. In international development, to strengthen victim's guarantee has become main tendency in contemporary criminal prosecution development. In the regulations about to protecting the victim's position and right in the really judicial practice are important signal to measure whether proceeding activities is impartial, democratic, scientific procedure. There are some defects in protecting the victim's legal rights in the Criminal Procedural Law of China. Respective measures should be taken to perfect it.