Study On Right To Know Of Cirminal Victim

The right to know is a type of new right started from the civil right movement of the nineteenth century, which is significant to protect human rights and monitor the power. Before long, it was soon been applied into criminal proceedings and formed the victim's right of knowing, i.e., the criminal victims has the right to know the progress, result and other information of the proceeding as well as their legal position, rights and obligations in the process of investigation, prosecution, trial and execution. This year, the government's work report emphasized the importance of the right to know. But in the area of criminal proceedings, the protection to the victim's right of knowing is not satisfactory. Therefore, it is quite necessary to analyze the criminal victim's right of knowing.This paper consists of four sections, not including the introduction and the conclusion. The first section briefly introduces the definition and value of the victim's right to know and the necessity of improving it. The victim's right to know is one of the basic human rights of the victim and grounded the victim's other rights. It is helpful to improve impartial judicial supervision. Victim, as the direct sufferer of the criminal behavior, has long been ignored in the development of criminal proceedings. For the particular impact of the right to know to repair the victim's spiritual trauma, plus the great quantity of the victims in China, it will greatly influence the social stability if we can not deal with this problem well. Thus, to improve the protection of the victim's right to know is a matter of great urgency.The second section introduced the current situation of the victim's right to know in China. It points out the following problems: in the process of recording and investigating a case, the victim's right to know is ignored; in the process of prosecution, the victim is informed with insufficient information; in the trial, the victim is just an audience; in the process of execution, the victim is totally ignored. The reason to these problems is firstly the insufficiency of the legal resources of our country, which is unable to guarantee effectively the right to know of such a large amount of victims. Secondly, the imperfect legal system of our country and the backwardness of the judicial idea decide that the victim's right to know is hard to be widely recognized.The third section is demonstrated the legislation on the victim's right of knowing in some countries and areas, including the United States, France, Japan, and Hong Kong. It pointes out their common characters: having a complete system of protecting the victim's right to know, having responsible person in charge with it, promoting democracy in legal action. To learn from the experience of others will be quite necessary for us to improve our system of protecting the victim's right to know.The fourth section discusses the ways to improve the protection of victim's right of knowing. It firstly proposes the general principles of how to protect the victim's right to know. The next part brings forth the detailed measures to protect the victim's right of knowing in each stage of the procedure, especially in the execution phase. The government relief is also significant to the protection of victim's right. Therefore, it is necessary to set up relief measures and regulations and to encourage the social institutions to assist the victim in realizing their right to know.