| The protection of criminal victim's rights has become a hot topic in the theory and practice of criminal lawsuit. According to some scholars, in the latest 20 years, the revolution and development of criminal victim's participant rights in the criminal litigation is a prominent aspect of the international criminal judicial policy. The position of criminal victim in the litigation, has become a symbol to judge the developing standard of the international criminal litigation. However, research in criminal victim in China is just in the primary stage. There are few writings focusing on the researches of criminal victim's position and rights in criminal litigation. By comparison with law-developed foreign countries, we still lag far behind in the aspect of the protection of criminal victim's rights. Although we take the criminal victim as the criminal litigation party, for some historical and practical reasons, criminal victim's status as party is hard to be realized. Moreover, the compensation for criminal victim and the establishment of social protection system has been affected and restricted by too many factors, thus the rights of criminal victim always could not be well protected.Due to the traditional theory of criminal law, committing crime is illegal conduct which would endanger the society. The country needs to distinguish this serious illegal conduct from civil tort, and to detect, put forward public lawsuit and find out criminal responsibility in accordance with the principle of continuing lawsuit. In this theory, criminal victim does not have the status of plaintiff, the inspective agency puts forward the public lawsuit representing all the social members as well as criminal victim, in order to protect the rights of all the social members including the criminal victim. But according to the result of criminological research, this theory could not hold water in some circumstances. Because both the police and the investigator could often non-act when continuing the criminal... |
