An Analysis And Reflection On The Status Quo Of Criminal Victim 's Litigation Status

Crime victim is the direct victim of criminal acts. As victims, they not only suffer physical and material damage, but suffer mental pain and suffering. Accurate position of the role of action, and protection of the rights of criminal victims, from the legal point of view, are the value of law and reflect the pursuit. From the protection of human rights point of view, the criminal procedural rights of victims of the protection, reflects a country, a government honor human dignity, respect and value the pursuit of social justice. At this stage, the protection of the rights of criminal victims has become a hot issue worldwide, and many countries and China’s Hong Kong and Taiwan have placed great emphasis on the protection of procedural rights of criminal victims, and through policy and legislation continue to establish and improve the criminal victims litigation rights protection system.In the legal environment of contemporary society, based on the aspect of the adversarial system, as for the protection of the rights in the proceedings, the accused get much more attention than the victims. Criminal Procedure Law of the People’s Republic of China had been amended in1996. This regulation heightened the status of the victim in the litigation. However, because of the limitation of the social reality and the law and regulation concerning crime victims are incomplete and lag behind, the national interests are heavier than the personal interests. March14,2012, the Fifth Session of the Eleventh National People’s Congress voted the Amendment of Criminal Procedure Law. The Amendment has made a breakthrough in protection of human rights, controlling crime and improving proceedings efficiency. However, unfortunately, the protection of the rights of criminal victims have hardly changed. The crime victims are forgotten. A forgotten right always shows its vitality outside the pale of the law.This paper will begin with the definition of the criminal victims and the value of the protection of criminal victims. It also combines the victim status in the criminal proceedings and the historical development of the protection of the victims. This paper will have detailed analysis on the state of the victims in register, investigation and prosecution phase by the comparative analysis on the protection of criminal victims in theory and practice. At last, basing on the shortcomings in the protection of the victims in our country, this paper will give some suggestions on how to increase the rights.