The Consummation Of Criminal Victims' Litigation Right

Criminal litigation victims are the persons who suffer criminal behavior and were invade directly is one of litigants of criminal litigation. Though our country criminal litigation law gives the litigation status to its litigants, the protection of victims'right have some defects. To the present situation of our country'criminal litigation, this thesis do some trying discuss to the protection of victim'right reference to Legislation situation of foreign country.The paper divides into four parts from Structure:Part one: criminal victims'litigation status and right. First, victims'concept and features. For one thing, to the concept of victims, it can be defined in different aspects from the perspectives of different disciplines, though from the perspective of criminal litigation, different scholars have different descriptions. The writer think that the victims of criminal litigation have two kinds, one is narrow meaning victims, the other is the broaden meaning victims. The boarding meaning of criminal litigation victims are the litigants whose legal benefit suffers direct invade of criminal behavior and have the right to conduct litigation function in criminal litigation. This kind of victims can show in different identities in different situations: the victims of indictable cases; the victims of Private Prosecution; The plaintiff in the civil fringe; counterclaims people in the counterclaims case; the narrow meaning of victims is only meant the victims of indictment litigation. Of course, whether broad or narrow meaning of the victims, as far as the extension of concept, it includes natural persons and legal persons. At the same time, victims of criminal litigation in this paper are natural victims in narrow concept. For another, the paper summarized that criminal victims have five features: The legitimate rights and interests suffer the criminality the violation; the damage which victims suffer made directly by criminal behavior; the main body of victims are natural persons, but in the special circumstance it can be corporate or organization. Criminal victims belonging to participants of criminal litigation; criminal victims have direct and specific relations to the consequent of criminal litigation. Secondly, it discussed the status of the criminal proceeding victims. For one thing, it do some simple review to the historical development of criminal victims'litigation status, it experienced a dialectical negation process from high to low then gradually increased. For another, it discusses the change of criminal victims'litigation status in our country. In 1979, criminal litigation law make the victims'litigation status as other participants, it has no differences with witness and other litigation participants. In 1996, when our country revised criminal litigation law, Complied with promoting the victim lawsuit status in the international, it Stipulated victims were the same as Private prosecution, criminal suspects, defendants, with the civil plaintiff and the accused belonging to litigants in criminal litigation. Further more, the paper evaluates the present situation of criminal litigation victims, first, I think that giving status to criminal litigation victims have subjective significances, giving victims litigant litigation status can make them protect themselves'legal benefits; giving victims litigant litigation status can make Judicial organ identification of the facts in time, and fine criminals effectively. Giving victims litigant litigation status is the need of criminal control. Secondly, it discussed the places that victims litigants should show: though our country criminal litigation law stipulates victims as litigants in law, but it dose not give victims litigants's appealing status, and dose not give the litigation right which litigants should have; our country's criminal litigation law stipulate that victim's damage (including material damage and spirit damage) can not obtain Comprehensive compensation because of suffering criminal behavior's direct damage, it not identical with the litigants'sew status. Although China's Criminal Procedural Law established a system of the victim's legal counsel, china's criminal Procedural Law though Established victims litigation agent system, but not definitely stipulate victims'procedural agents'right and responsibilities and other specific content, which make the system only have the name and victims can't obtain effective help from procedural agent. Third, the present situation of criminal victim's procedural right in our country. The paper has induced our country criminal activity victim's existing 11 main lawsuits right: Charged in the report; Applications for evading right; Request legal representative's right; the right of Stating comments to inspection institution in Investigation and prosecution stage ; the application right to exemption prosecuting decision. The right of directly litigate; the right to participate in the trial; the right of applying added and the re-identification; the protest drew People's Procuratorate; Referees on the commencement of the appeal.Part two: the inspection of victims'litigation right of litigation cases in foreign legislation. First, to American and England two main law system-introduce victims'litigation status and right of England and American. In the criminal litigation law of England and American law system countries, generally victims don't have the right of litigants; they only have the status of witness. However, from an overall point of view law's protection to victims is not small; it gives victims more litigation right. England and American law system countries'ideas of protection plaintiff's right has deep root in society and ordinary people because of historical tradition. Second, to the mainland law system's two main countries-France and Germany, the paper introduce victims'litigation status and right. In the criminal law of European mainland law system, generally victims have the right of litigants; law explicitly stipulates that victims are entitled to a right of action. In the criminal litigation law of France and Germany, the victim has the right of litigants'integrity proceedings right. Of course, the law also provides Constraints for the right of victims and the prosecutor and indictment coordination problems; its aim is to try their best to make the law more fair and proportionable.Part three: our country criminal victims litigation right have defects: the reasons lead to the existence of defects apart from the legislators'awareness in protecting the rights of victims in the proceedings have deviation and the law enforcers are indifferent to victims'litigation right, a main reason is that our system is not perfect, it main show that: 1, victims'right to litigation and right to direct the prosecution have omission; 2, the legislation relating to stipulation of victims'representatives is too rough; 3, criminal litigators'participating right is not perfect; 4, the deletion of criminal victim appeal right; 5, supplementary civil action system existence serious flaw; 6, the flow of criminal victims country compensation.Part four: the consummation of criminal activity victim lawsuit right safeguard in our country. The consummation of protection to the criminal litigation victims'right, theory field and Legislation field should have correct ideas, and have the whole ideas of criminal litigation right protection system, and in the litigation field, treat the benefit of victims and defendant identically. We must learn the advanced results of victims studying of foreign countries and reference the actual situation of China to study and analyze victims deeply and systemically, then establish a scientific victim's theory system, supply scientific basis to making victims legal right, and supply scientific guide to protect victims legal benefit in practice. Judicial officers must improve the quality and change the traditional idea of stressed body lightens procedure. To the defects of protection of the rights of the victims in the criminal aspects in china, I recommend the following specific improvement: I, establishing criminal victims judicial review system; II, perfect victims commissioned agent system; III, sound victims Participation appeal, perfect procedure of design of hearing the views of the victims and their agents in the stage of the prosecution and investigation, and we should establish some principles to the participation of victims in the courtroom; IV, giving the crime victims the right to appeal; V, perfect Criminal civil system; VI, establishment of the criminal victim's compensation system in the domestic.