Victim As A Case Of Public Prosecution, Litigation Status Of The Parties And The Right Of Action Study

With the developing of human civilization, human pay more and more attention to all kinds of people's issues. In recent years, the action of protecting criminal victim's human rights and the study on victim had been still developing lengthways after many west countries established the compensatory system and the social protecting system to criminal victim. One of the special evidence to prove that is the criminal judicial policy in many countries had a profound change. Criminal victim's status and function in the criminal judicature is becoming more and more prominent. They have more kinds of rights. And their form and content of attending criminal judicial action is more abundant than before. Generally speaking, the period from late 1970s to early 1990s is the times that criminal victim recovered rights in criminal judicial system. The offender lost their focus status in the criminal judicial policy in many countries. Human was beginning to emphasize the balance not only the rights between the victim and the accused, but also the behalf between the victim and the country.In China, criminal victim became one party formally since our criminal procedure law was changed in 1996, in order to be in accordance with the world trend of the developing criminal judicature. Thus, criminal victim have the accusatory party status legally. Without doubt, this is a great historic advancement about the criminal procedure system in China. But, there still exist some defects on the right protection of the victims in the legislation. And in the legal practice, the party status of victim can't be actualized completely. Thus, this article is to make some tentative discussion on the victim's party status and right protection basing on criminal litigation practices in our country.There are 6 parts in this article.PartⅠintroduces the legislation about the litigant status of overseas criminal victim briefly. This part summarizes different litigant status of victims in inquisitional process, adversafial process and mixed process, in order to know the actuality of protecting victim's right in the world.PartⅡexpatiates on the legislative change of the victim's litigant status in our country. We can see there is a evident progress that the victim's litigant status was heightened and the protection of the victim's right was also enhanced through the modification to the criminal procedure law in 1996.PartⅢanalyzes the justice of giving the victim of public prosecution one party status. This part demonstrates mainly two opposite aspects. On the one hand, the author analyzes the valuable base of giving the criminal victim one party status. The author thought entrusts with victim's first to have the natural right in appeal case litigant status, next this also is the criminal prosecution human rights safeguard inevitable trend and the direction, moreover has the positive practice significance.PartⅣanalyzes the actual state of victim's party status and the protection of their procedural rights. This part analyzes the shortages of protecting the criminal victim's right detailed basing on criminal litigation practices in China, not only from the concept of law-officer but also from the legislation and the judicature in China. Specifically says a minute following several elaboration: First, the judicial personnel "the victim is the lawsuit litigant" the idea is light, second, the court seat establishment has not given the victim the independent seat, third, the victim has not obtained the practical safeguard in the appeal case with the right of suit, fourth, victim's safeguard right flaw.In PartⅤthe author puts forward suggestions on victim's procedural rights protection as one party to legislative and judicial practices. There are two aspects of the victim's rights need to emphasize: One side is the right to attend the public prosecution, The concrete measure divides into following several points: First, cancels the appeal to transfer the private prosecution case, establishes the examination examining committee system; Second, consummates the examination prosecution stage victim and its consignee's statement opinion power, Third, guaranteed and carries out the right which the victim appears in court, safeguards it in the hearing process statement power; Fourth, the perfect victim's application anti- right of suit, is clear about the procurator ate to have to accept the appeal application the scope, the introduction application appeal reexamines the system; Fifth, entrusts with the victim to carry out the participation power, guaranteed it knows the circumstances of the matter, the statement opinion in this stage as well as inspector general's right. The other side is the indemnificatory right in the criminal litigation. First, the perfect victim entrusts the agent system, obtains the victim which attomey helps timing advance, is clear about legal representative's lawsuit right and the responsibility in the legislation; Next, establishes the victim criminal activity legal help system; Furthermore, safeguards the victim to know the circumstances of the matter the power, knows the circumstances of the matter the power including the case progress and the lawsuit right knows the circumstances of the matter the power two big kinds.PartⅥdiscusses two important relations which need to deal with well in criminal litigation practices. One, processes between the good victim and accused person's relations: Gives the victim to be able the lawsuit right which resists with the accused person, testifies to the victim carries on some technical processing, avoids having the frontage conflict with the accused person between, sets up the accused person to carry on compensation to the victim the independence penalty type. The author claims the criminal victim and the criminal suspect should be armed equally, so that their contradiction will be mitigated on a certain extent; Two, processes between the good victim and the appeal institution's relations: Transfers the victim to participate in the lawsuit the enthusiasm, makes up the appeal institution to its rights and interests safeguard negligence place, coordinates, the assistance, restriction appeal institution's complaint under the appeal mechanism, the appeal institution to guide and safeguards the victim to be correct, fully to exercise the right in the lawsuit process, the safeguard lawsuit efficiency and the order. The victim and the public prosecutor should charge the crime together and persist in the principle that the public prosecutor must be at the dominant status.