Study Of The System Of The Victim's Deputy In Criminal Procedure

In the criminal procedure, strengthening the protection of the victim has been a popular topic all over the world in the latest 20 or 30 years. With the beginning of the rise in the study of the victim and the call the status of the victim in criminal procedure attract more and more attention. Protecting individual interest is necessary when national normal procedure is protected. So national and individual interests should be well harmonized. The criminal victim should been given the status and the procedure right in the law. And the law should endow them with the ability and the qualification to participate in procedure, protect the legal right and accuse of the crimes. Meanwhile that ability and the qualification should been safeguarded by the national law. Actually, for the injured body, lack of the knowledge of the law and the deficiency of sense of the protection, it is impossible to protect the victim's rights only via the suit acted by them. So it is important to set a deputy system for the victim to participate in the procedure, to gather the evidences and to refer to the datum came from the district attorney. The agent's action can help the victim to have an active status in the procedure and also can better safeguard the victim's legal interestsNowadays the protection about victim's right is still at the begging; the law status of victim's party law status has not been established. In the lawsuit, the victim is special attester. Because of the non-independence of victim's law status, victim's deputy system is being limited. There is no good condition for the criminal victim's deputy system developing.In our country, the victim's party status was established in 1996 in criminal procedure law. The victim has the party qualification and the right of joining in law to investigate crime. Meanwhile, the system of the criminal victim's deputy was established through vindication and deputy regulations in criminal procedure law. The protection on victim's human right is ahead all over the world, and is in accordance with the development of international human right protection. In our country, the victim and its deputy system setting did not take long, so there are lots of problems on legislation and practice. Such as, the law status of the victim in the deputizing criminal victim's cases and dealership these problems not only concerns the real protection of the victim's legal right, but also concerns the right and the obligation of attorney. According to our nation's regulation of relevant laws, there remains a difference between the victim's deputy and the defender. Though they are the participates of the suit, they are different from the usual suit participants. So we must make the victim's deputy the law suit status and the dealership clear.In this thesis, I will summarize the situations in the system of the criminal victim's deputy. Through summarizing, I want to analyze the proper deputy's status, the enforcement of the dealership and the real protection of the victim. In study, I bend myself to analyze the problems and find the solutions in victim's deputy. And finally I want to make farther development in our system of the criminal victim's deputy.