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A Study On The Right Of Appeal Of Victims In Public Prosecution Cases

Posted on:2014-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y HuFull Text:PDF
GTID:2176330434970355Subject:Law
Abstract/Summary:PDF Full Text Request
Our current criminal procedure law experienced a huge reformation in2012. Scholars in the jurisprudential circle can discover that its core value and spirit has gradually turned to ruling the state according to law and protection of human rights. For instance, the revised criminal procedure law has added many provisions related with the protection of the defendant’s procedural rights, in order to prevent from the double prosecution from both the state and the victim. Although the criminal procedure law has made great progress in the protection of the defendant’s procedural rights, yet the protection of the victim’s procedural tights has not been improved a lot, especially the lack of the victim’s appeal rights, one of the biggest puzzle in the court, just like a flaw in our criminal procedures. Based on our nation’s current legislation of criminal procedures, the author would combine the feelings and experiences in her study and the popular issues in the judicial practices and have a deep discussion on the topic of the victim’s appeal right in cases of public prosecutions, to grasp a deep understanding of the relevant issue.Besides the Introduction and Conclusion, the author aims to discuss the topic of the victim’s appeal rights in three chapters. Chapter One gives a general introduction of the victim’s appeal rights, including its definition, traits and functions, the comparative analysis of the legislative conditions both at home and abroad, offering theoretical support for the further research; Chapter Two summarizes the necessity and feasibility of the victim’s appeal rights, on the basis of which, the author would presents the legislative conception of the limited victim’s appeal rights; The last chapter, Chapter Three formulates the complete legal articles on the victim’s appeal rights and also provides the constructive supporting systems of the limited victim’s appeal rights. All in all, hopefully the victim’s appeal rights could be legalized and rationalized so that would protect the victim’s legal rights, effectively fight crimes and ease social contradictions to maintain social harmony and stability and constructing the nation strictly under the law.
Keywords/Search Tags:Public prosecutions, Victim’s appeal rights, Protection of legal rights
PDF Full Text Request
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