Discussion On Victims' Rights Protection

Nowadays, many countries have paid more and more attentions to victims and the protection of their rights and interest. The ways to protecting victims vary much between all of the countries. In some nations, victims have right of appeal while in other countries not. In countries of inquisitional process, victims are only witness, with no right of appeal. But in these countries, victims are well protected and have much access to reviving their rights. In countries of adversarial process, much of them don't grant right of appeal to victims. It is popular that victims have no right of appeal in the criminal process throughout the world. Though victims don't have this right, it doesn't mean that they haven't been paid much attention. On the contrary, many nations are vigorously safeguarding rights and interest of victims. Of course, in some countries, for example Russia and Portugal, victims are granted right of appeal. We need to notice the differences of the patterns of rights of appeal between all nations and the cause of these differences. At last, I will make a prospect for the development and improvement of victim's right protection.Chapter one introduces legislature about procedure of appeal in China. This part analyze the problems in the system of victims apply for appeal in our criminal procedure law.Chapter two introduces litigant status and rights of victims in criminal process. This part expatiate general situation of victims from the aspects of their litigant status and rights in criminal process. It analyzes and introspect the current situation of victim's litigant status combined with historic evolvement and types of victim's litigant status. It also introduces victim's rights compared with those of accused person.Chapter three introduces theories about victim's right of appeal from its quality, function and negative effects. Victim's right of appeal can realize his full interest and dispel his emotion of dissatisfaction. But it also intensifies the imbalance of power between victims and accused persons. On the other hand, this chapter also discusses the relations between lawsuit efficiency and victim's right of appeal.Chapter four is as to the comparative research of the relations between situations of victim's right of appeal and his rights protection. This part analyzes the factors that influence the situations of victim's right of appeal, getting the conclusion about the relations stated above.Chapter five makes a prospect for the development and improvement of victim's right protection. This part argues that in this stage, we still emphasize the defendant's rights protection. We can't make a comprehensive protection of victims at the price of sacrificing the interest of defendants'.