Research On The Balance Between The Litigation Rights Of The Victim And The Accused

Generally, the situation of the protection of the rights that regard to the victim and the accused in criminal suits can be divided into four stages, including the strengthening stage of the victim's right, the phase of the ignorance of the rights of both sides, the weakening stage of the victim's rights and emphasis on the rights of both sides. In the evolution of the criminal suits, to achieve the balance between the litigation rights of the victim and the accused is not only the inexorable law, but also the trend of the judicial reform all over the world.From the aim of the criminal suits, it is a course that changes conflict into balance. The substance of the criminal suits should be the process and the mechanism which to resolve the conflict between any two of the state, the accused and the victim. The accused committed criminal actions caused the explicit conflict with the victim and the implicit conflict with the interests of the society will be punished by the state which will use the strong judicial power to investigate, prosecute and judge. The victim will get the psychological balance because of the punishment of the accused and the social order will be restore balance because of the resolving of the conflict. However, during the course, the suspects or the victims holding rights or protected rights will influence the results of the judge and the realization of the balance talked before.China's traditional legal concept of State Standards emphasis on national supremacy, contempt of individual rights.Criminal Procedure Reform in 1996 focused on both punishment of crime and protection of human rights, and strengthened protection of the rights of victims and the accused, established the victim status of litigants. However, the victim and the accused remain imbalance in the specific right of action, especially in the implementation of victim participation, the right of access to legal aid and the right to appeal in terms of, etc. The reforms in the future should perfect the procedural rights of victims and the accused in the premise of balance.