A Research On The Lawsuit Right Of The Penal Victims

The litigation status of the victims in a penal lawsuit is defined in the amendment of Code of Criminal Procedure of P.R.China. Then how to protect the litigation rights in judicatory practice? Hereby, this thesis will analyze and demonstrate how to protect the litigation rights of the victim from three aspects: the summary of the Lawsuit Right if the Victims, the status quo of the law in china and the conception to that law.Therefore, this thesis is divided into 3 parts:Part one is the general introduction to the Lawsuit Right of the Victims. The meaning of the Lawsuit Right of the Victims is analyzed in the first section. Above all, the litigation right consists of four factors from the concept, procedure, legal essential party, right and interests. According to that, the litigation right of the victim is a right that should be enjoyed in the penal suit procedure in order to protect their legal rights under the legal condition. Secondly, the litigation feather of the victim is summarized. There are some notable feathers distinguished from rights of other entities, i.e. the Lawsuit Right of the Victims enjoys procedure, legitimacy, time limit, and interest. In the next section, the content of Lawsuit Right of the Victims in western countries will be briefed, including the continental law such as French and German; the common law such as the United Kingdom and the United States. From the above it is known that the continental law gives more litigation rights to the victims than the common law so that they can exert their rights initiatively. After that the officers concerned will give their judgment. However, generally speaking in the common law, the opinion of victims will be solicited by the officers, which lead to the passive status of the victims. They take part in the penal litigation with a considerable limitation by the way of being told the procedure and hearing the concerned suggestion. The third section expatriates the significance of the Lawsuit Right of the Victims. It can not only clarify the matter of fact, but also can realize the justice of the judicature and protect the human rights. In addition it can also promote the legal construction and legal level. The second part discusses the protection circumstances of the Lawsuit Right of the Victims. The legislation prescription to the litigation rights of the victims was introduced in the beginning section. The active Code of criminal procedure endows the Party status and some corresponding rights to the victims. Their major rights include accusation, application to parry, access to litigation, appeal, impleading, bring an additional civil accusation, and application to resist the accusation. The coming section will point out the shorting coming of the Lawsuit Right of the Victims in China. Initially, it is reported that although there are some progresses had been made referring to victim protection and it has conformed to the development tendency of international lawsuit after the amendment of the code of criminal procedure, there are still some problems. For instance, there is no appeal right for the victims; the jurisdiction of the attorney is not defined clearly; there is no right for state grants as well as the civil accusation right; the psychic compensation right is not put forward directly. The last section is about the main problem of the Lawsuit Right of the Victims in China. Three problems are generalized: (1) The concept of state-prioritized; (2) The effect of traditional accusation structure; (3) The concept of compensation.In the final part the improvement of preservation system in the Lawsuit Right of the Victims in China will be discussed. The first section comes to the restructure of protection idea of the Lawsuit Right of the Victims in China. It is believed the core of protection is to set up a restriction of official power in case of the monopoly of the official power. In the procedure, more rights should be given to the victims to protect the knowing right and right to air their opinions. These rights can ensure that the direct victim can be placed to the forefront of the accusation instead of being an outlier and also enable them to enjoy the psychic and material protection. Then the conception of the Lawsuit Right of the Victims should be strengthened. It is the precondition of the law. In order to guarantee the rights of the victims, the judicatory department has to inform the victims with their litigation status, rights, the accusation mode, as well as respect their rights without limiting and depriving at all. Meanwhile it should preserve their litigation rights furthest within the legal extension. Moreover, the transformation from duality structure to ternary structure should be strengthened. This is the theory basis of the protective mechanism. The state victim and criminal should be balanced and considered simultaneously to obtain a stable ternary structure form in the gambling to establish a virtue position of the party. The second section suggests how to improve the protection system of the Lawsuit Right of the Victims. It points out that the victims have been given a certain status as a party in litigation, but it is hardly to practice the protection because of the ambiguity of the prescription and lack of operation. Therefore it is necessary to improve it by giving the prosecuting, appeal and civil accusation right to the victims, establishing the system of state compensation, and improving the existing legal aid system to protect their rights effectively.In the conclusion, the thesis prospects the recognition to the victims in China. It is said that there is victim as long as there is crime, and there should be a relief once there is a victim. In order to protect the Lawsuit Right of the Victims, we must define the accusation rights specifically, improve the corresponding mechanism and clarify the features of victims'accusation proceeding with a detailed design of the penal accusation.