Research On Victim Appeal Right In The Public Prosecution Case

The development moving with international human rights, the criminal victim's lawsuit right ensures causing people's attention gradually, the criminal procedure law of our country has given the victim a party's status, but has not given the victim the right of appeal, and what only protested for its procurator organ of request protested the right of asking for, it must not cause the second instance procedure to protest the right of asking for, In the judicial practice, not merely protest the right of asking for and can not get practical realization, to protest right face predicament too, have, relieve, have right, of our country criminal procedure law give party status of victim fall short of the reality procurator organ, the victim becomes the "half" party, can't but be a regret.This text function of the system from analyzing to appeal criminally begins, victim protest deficiency, cause and procurator organ to ask right protest predicament and cause of right dissect to judicial practice, while pointing out that there is an institutional defect, the judicial idea of "power standard " in the judicial practice at present in our country, protect the important reason to do one's best to victim's right too. The essence of the right of prosecution is to tell right criminally, and the result that the national part monopolizes the criminal case and prosecutes right. Protesting the extension that right is the right of prosecution in essence of procurator organ, belongs to the criminal right of telling too. But shown as legal authority to supervise the real right law, it is to enable telling the main reason why right can not get the sufficient guarantee to protest the alienation of right criminally of the victim.Nowadays draw lessons from the idea of the vigorous administration of justice for recovering in the world, change the criminal suit purpose, in order to protect victim's right as one of the criminal suit purposes, promote the lawsuit status of the victim, by dissolving the dispute effectively, calm down the danger that the crime causes, build and construct" three Yuan " and " balanced " criminal suit mode again, change the marginalization status that the victim is in at present, realize social justice.Give the victim the right of appeal, not merely agree with the ultimate legal value of the maintainer's dignity, and while reflecting procedure justice, restrict jurisdiction with victim's right, realization more favorable to entity's justice.