Study On The Victims' Right To Learn The Truth

In the criminal prosecution, the right to learn the truth of victims means that the victims should learn about rights and obligations of themselves, the proceeding, the result and other relating information. This right manifests specifically for the victim in the process of accepting case, detection, prosecution, trial and execution. The right to learn the truth, which is foundational, universal and indispensable, is victim's basic human right. It would conduce to realize some independent values such as fair, order and efficiency by unique way, as well as to safeguard the victim's right in process.International treaties and documents had explicitly stipulated the right to learn the truth of citizen including victims. Some countries even wrote it into the constitution .Through looking over other countries practice, some worthy characteristics could be discovered: Firstly, most countries'legislation definitely require protecting the right to learn the truth, some even treat it as a kind of basic human right and some stipulate the special laws to provide definite legal foundation for it; Secondly, the scope of right to learn the truth has been widely stipulated, so it is becoming general practice in most countries letting victims know the criminal prosecution and the lawsuit significant items; At last, rigorous system make sure the realization of the right to learn the truth.In China's Criminal Procedure Law, the legislation about right to learn the truth of victims is scarce scattered and incomplete, which didn't include the contents such as the way of obtaining the information for victims, the subject of responsibility and the deadline of notice. Moreover, the surveillance and sanction mechanism hasn't been finely developed, as well as the aid project specially for victims, which make it very difficult to exert this right. The reasons of these questions lie in the imperfect legislation, the ignorance to the right in judicial system and the shortage of judicial resources.To promote China's system of victim's right to learn the truth, some principles, such as legal procedure, balanced benefits and publication of procedure, must be persisted. At the same time, this right should be definitely stipulated in constitution, which would provide the highest guarantee for it. In addition, the omni-directional legal safeguard system should be well formulated to realize the right to learn the truth in each stage of criminal procedure. Finally, the related sanction mechanism and the aid project specially for victims should also be set up to prevent the infringement to this right, then we should enhance the citizens'and judicial system's sense of legal right to provide the final guarantee.