| As one of the hot issues discussed in law circle, the legal status of and protection and salvation of victims, such as how to protect their legal right, avoid to be re-injured in order to submit themselves to judgments and patch up suits and blessedly live, at the same time to lessen the unstable factors, is a task that should be treated seriously and hardly solved in theory and practice. This article attempts to illuminate the necessity of the legal status and right of victims by introducing the historical evolution of legal status and right of victims in litigation in China and foreign countries. By simply comparing rights of the accused and victims, this article shows that the recognition and protection to the victim is unappeasable to the need of practice and of victims, especially the remedial right — right of appeal in litigation. Furthermore, the article discusses the importance of the right of appeal in relieving vengeance feelings and acceptance of a judgment. This article also analyses the principle of participation in litigation, procedural justice and equality, and the current legal practice in order to furnish the supporting point in theory and necessity in practice to entitle victims the right of appeal. Meanwhile, this article analyses and disproves confinement factors such as no additional punishment resulting from appeal, right to protest against court sentences judgments or rulings having taken effect by operation of law, procedural efficiency, equally armed, the author, in this disavowal process, establishes the standpoint that victims shall be armed with the right of appeal. In the end, the author roughly points out postorder operations and some system designs in startup, nonrestrictiveness, mode and judgement of penalty as well as prediction. This article ends on emphasizing the importance of procedural rights to the accused and victims as well as to the society and our country to work in concert with the lemma of protection of human right... |
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