Criminal Victims Restricting National Recourse

The protection of victims'rights is involved in the criminal judicatory fairness, which balances the justice.Embodying the protection of victims'dignity and human rights is the trend of the human rights in the world.Our country is a traditional country of interests basis. In the domain of criminal procedure, it embodies that the power of prosecution and decision is owned by the nation, and it is lack in the efficient restriction of the relevant victims to the nation's power of prosecutionHow to construct and perfect the our country's system of protecting the rights' of criminal victims, how to treat the problems in China through international sight.The litigation position of victims undergoes a process from the high to the low , then back to the high. The final construction of nation's power of prosecution is the result of the two great judicatory reform in the history of procedure system: nation interfering crimes, the separation of power of judgment and nation's power of prosecution. The performing of nation's power of prosecution benefits to the protection of victims' rights, but it causes the possibility to deviate from the victims'rights.Endowing the victims who are relevant to the result of investigation and prosecution with the right to restrict the nation's power of prosecution is the basic demand of the social justice.The theory of dignity value explains the theoretical base of the victims' restriction to the nation's power of prosecution in the aspect of the terminal humanity concerning. That the system puts up piece making known that victims enjoys the essentiality that the restriction country prosecuted authority strenuously relieved the distress of that to the official business , that victims enjoy the restriction country and prosecutes authority .Switch on the logical presupposition that the order relieved the distress of in the judicature ; The benefit equilibrium theory made people known and adjust the criminal suit this appearance reason is self-questioned and the regression .And the victims conditions the logic necessity that the country prosecuted authority .But the swelling of the nation's power of prosecution shows the necessity ofthe nation's power of prosecution in the aspect of judicatory practice.The systems of the victims' restriction to the nation's power of prosecution in the two law families is different.The countries in Britain law family give more procedural rights to the victims. But it is weaker in the protection of victims' rights , compared with the countries in mainland law family. The system of the victims' restriction to the nation's power of prosecution of the countries in the mainland is various.: Germany holds the rational and strict nationality characteristic. Take more conservatively > but closer steps to achieve the victims' restriction to the nation's power of prosecution. Influenced by the Britain and American law, the trend of office doctrine in Japan is unobvious , the provision about the victims' restriction to nation's power of prosecution is more adapted and flexible. The system that "party concerned in Civil Action " in France not only guarantees the protection of victims' rights, but also insists the rule of duty, at the same time, accords to the principles of rights and duty's consistence.In our country's current Criminal Procedural Law, the provision that victims restrain investigation power is absent. The self-relieve of victims has disadvantages in theory and practice, it cannot embody the victims' restriction to nation's power of prosecution. The victims' restriction to nation's power of prosecution is absent in system of resort.In the base of carefully researching the mainland resources and learning from essences of foreign relevant system , we construct and perfect the system of the nation's power of prosecution which suits for our country's condition. We must insist the valid method that right restricts power in the premise of protecting the victims' procedural rights, because private right should be the inducement of restricting power instead of restraining power directly. We must insist in the rule of duty and protect the authority the nation's prosecution organization, introduce the system of judicatory reviewing and give reasonable responsibilities to victims. We should not only protect the legal rights of victims efficiently, but also prevent victims from misusing rights which may waste the judicatory resources and hurt the accused.