At The Discretion Not To Prosecute In Cases Of Victims' Rights

In the west, human rights attached much importance, emphasizing everyone equal, even litigation within the territory of the criminal suspect or the defendant and the victim in our country, although we also attaches great importance to human rights, owing to historical, cultural, population and various aspects factors, it makes the protection of human rights appear balanced in lawsuit field,so we still have certain gap compared with western. the status of right imbalanced is particularly outstanding in discretional non- prosecution.Since always, we have emphasized the defendant's protection in discretional non-prosecution, and the victim's rights and remedies are rarely deserted, leading to both parties litigation imbalance.In addition, the exercise of the public power in prosecuting authority also lack of effective supervision mechanism, and to eliminate the risk about this potential abuse of power, we need to strengthen the right protection of the victim in this lawsuit, to give the right of the victim to restrict public purpose for the abuse of power.The paper is focus on the western advanced legislative cases, basing on the situation, and then puts forward some perfect measures for the right of the victim in discretional non-prosecution.The main content as follows, this paper firstly makes the summary about the related issues to the protection of the rights of victims in discretional non-prosecution, also lays a theoretical support for full text; Secondly introduces the rights lack of the right of victims in discretional non-prosecution in our country,such as the deficiencies of asking for compensation power, procedures to participate in, the right to know, etc,to put forward the research direction for the experience and countermeasures for below;Once again,accepts the above determined research direction in compare with the related system of all countries, and gets the related enlightenmen in convenient for our advanced and transplanted legislation experience;Finally, perfects the right of the victim in discretional non- prosecution in our country,basing on the real legislation, the existing judicial problems and the reference of foreign advanced system.