A Study On The Right Of Appeal Of Victims In Criminal Proceedings

The modern criminal lawsuit theory pay attention to the protection of the rights of criminal defendants, such as established the exclusionary rule of illegally obtained evidence,Appeal not infliction prin ciple, but in order to b alance the interests of the criminal defendant and the victim, also began to pay more attention to protect criminal victims rights. Criminal procedure law in m any countries have m ade clear the status of the victim, but some countries, especially countries of Anglo-American law system in the criminal procedure law, criminal victim remains only as a witness to testify, is not actively involve d in the crim inal procedure. The victim is the direc t victims of criminal cases, its legal rights should be fully guaranteed. T hus, for the victim rights protection should be further strengthened. In the rights of the victim, the victim right of appeal is an important power. Only gives the victim appeals, the victim can when to object to th e court of first instance verdict, according to his will directly into the crim inal procedure. However, due to the exc lusionary rule of illegally obtained evidence, factors affecting the efficiency of lawsuit and so on, directly give the victim the right of app eal in the legislation in countries is not m uch. Whether should endow the victim right of appeal in the theoretical circ le is there m uch argument.In this paper, the concept and nature of the right of appeal for the victim s clear definition and analysis, introduces the origin of the victim on the dispute his right to appeal. Based on the analysis of the victim right of appeal, on the basis of the legal value of the research give m eaning to th e victim right of appeal. And from the perspective of the crim inal procedure la w of our country pr esent legislation, legislative defects on the victim the right of appeal, through to the relevant provisions of the Anglo-American law system and continental law system countries, put forward to perfect the idea of the victim right of appeal system in China.