Right Of Appeal In Criminal Victims

Pay attention to protecting litigant' s right is the tendency of criminal now, as a criminal parties to proceedings, victim should have the same status and corresponding litigant' s right. Appeal right is an intrinsic and necessary right to victim, the author suggests that the victim have appeal right.This thesis includes five chapters except the introduction and concluding remarks.Chapter one, the summary about criminal victim and appeal right. Criminal victim in the thesis means natural person victim, whether he should have appeal right is an important problem. Appeal right of criminal victim belongs to dutiable right in pattern and legal relief right in quality.Chapter two, the value of the appeal right of criminal victim. Law seeks justice and democracy, criminal victim having appeal right makes criminal procedure more justifiable, can' t affect criminal efficiency, at the same time, can keep good public order.Chapter three, the bases in legal principle of the appeal right of criminal victim. The dignity value of victim has been hardly forgot or neglected, the balance between defence and prosecution in form leads to the unbalance between defence and prosecution in essence, no special agency protects the benefit of the victim, while the victim isn' t at choice, his right of action should be identical to his status, so the dignity value of man, the balance between defence and prosecution in essence, protecting special benefit and integrated right of criminal victim.Chapter four, the ideal harmonizs with the reality: the appeal right of criminal victim and relevant questions, the appeal right of victim wouldn' t restrict the appeal right of defendant, wouldn' t damage defendant' s lawful benefit, the victim exercising his appeal right is based on procuratorial organ' s refusal to counterappeal, the quality of the case doesn' t change after the victim appeals, the victim has no difficulties in putting to the proof.Chapter five, the design of the appeal right of the victim. The victim' s appeal consults defendant' s, the case of appeal should be restricted in some range and should submit procuratorial organ' s decision letter of refusal to counter appeal.