Study On The Participation Of Victim In The Proceeding Of Court Trial

Along with the rise of the victim theory and the movement of victim's right, the criminal juridical policies have experienced profound changes, which are converted from criminal-centered to the emphasis on the balance between the victim and the defendant, as well as the interests of the victim and home country. The status and function of victim in criminal proceedings are becoming increasingly prominent, the victim enjoys extensive right ,meanwhile, the method and content they involved in the criminal proceedings are also becoming more abundant. As we all know ,the judiciary proceeding is the key link of the criminal litigation, while the facets, including the verification of evidence,the exposure to criminals,the safeguard of the legitimate right and interests to the parties, would be realized through this link. Therefore, the participation of the victim in the court trial is of great significant to the protection of the victim's interest. This paper is trying to analyse the reality in China's criminal litigation and doing systemic research on the victims'participation in the court trial so as to definitude the role and function of the victim in the procedure of court trial, besides, it brings forward some opinions on the improvement of the systems concerning about the victim's participation in the court trial so as to reach the dual requests of the protection of victims'right and the fairness of litigation.Except the introduction and the conclusion , this text is made up of three parts.In the first part, it has sorted out the relevant laws and regulations which are concerning about the participation of victim in the proceeding of court trial in judicial practice, then make further comment on legislation. This paper argues that the establishment of the victim's statue as one of the parties and the extensive litigation rights the victim enjoys are reasonable, however, the victim does not take a clear obligation to testify in the court ,it is disobey from the principle of direct language which is somehow too extreme protection for the victim's right.In the second part, the current situation of the victim's participation in the proceeding of court trial of China is summed up and concluded, moreover, the reason for it is further analysed. The current situation is mainly manifested as: the victim is basically absent from the court trial; the victim is not positive to participate the court trial; the guarantee of relevant right on the victim's participation in the court trial is deficiency; the statement of victim is currently free from the cross -examination. After a legal analysis of the current situation , it is believed that the cause of it is various ,which mainly include: the legislation, the litigation concept, the victim and the system.The third part is mainly discussing about the improvement of the system of victim's participation in court trial in China. Firstly, this paper introduces the international background of the improvement for the victim's participation with a view to provide reference to China's improvement of specific system. Next, it analyse the necessity and practicability for the improvement of the victim's participation. Finally, it puts forward some proposition on the improvement of the victim's participation in the court trial of China: which include the overall plan for improvement; the rule of the victim's participation in the current proceeding of court trial ;the rule of the victim's participation in the proceeding of sentencing criterion after completion of reform.