On The Realization Of The Relief Right Of Litigation Participants

Relief, the intention is to help someone from danger or get rid of the dilemma. Inthe judicial domain, is a right person by or may suffer violations, how the processcorrection, correction or remedy. The so-called criminal relief procedures, refers to theprocess of criminal litigation, the parties’ rights are violated or not asylum, the partiesin accordance with their rights to seek legal protection, and shall apply for the relevantagencies to take legal measures to protect their legitimate rights and interests, withoutbeing against the illegal activities. Participants in the proceedings relief rights refers tothe whole criminal procedure, participants in the proceedings shall have the right toput forward reasons to the relevant state organs of public security organs,procuratorial organs, courts and their relevant staff infringement or limit the rights,and request the relevant organ for handling behavior. Relief rights by nature can bedivided into two categories: one category is the non litigation relief right, refers to thelawsuit participates in a person is subjected to the public security organs, procuratorialorgans, courts and its staff in violation of the provisions of laws, deprivation,restriction, infringement lawsuit participates in a person right, the right to the relevantauthorities to seek relief. The relief is a kind of administrative behavior. The otherkind is the relief of litigation, the remedy is the judgment of the judicial organ, as inthe litigation process that refuses to accept the decision and part of an appeal, itcaused by events, so the processing of such action is an action that the provisions ofthe criminal procedure law, the retrial a program or procedure for trial supervision.This paper is to explore the relief right is the first class of non litigation remedymentioned above. This paper is divided into three chapters to the participants in the proceedings of relief rights: the first chapter introduces an overview of the criminalremedy right. About the meaning and concept of criminal litigation, right of relieffeatures, criminal remedy in the concept and scope of. The second chapter mainlyintroduces the problems and reasons of China’s current criminal lawsuit participates ina person of the right to relief.Analysis of human right problem reason analysis ofChina’s current criminal proceedings in relief rights problems and participate in theproceedings. The third chapter mainly introduces the improvement of China’s currentcriminal relief right. In this paper, from the shallower to the deeper analysis about theparticipants in the proceedings remedy problems existing in current criminalprocedure law and the reason analysis, it also has many disadvantages, this isvaluable.