Right Of Appeal In Criminal Victims

How the rights and interests of the victims are guaranteed is one of the important targets to measure whether a country can fully guarantee the people's rights. The right of appeal is an intrinsic and necessary relieving human right which the party should have. It's also a guarantee to ensure the party's entity rights and procedure rights. According to our current code of criminal pricedure, No. 182, as for the court decision in the first instance which hasn't become effective, the victim can only apply for Procuratorate to lodge a protest, but he /she has no right of appeal. This practice of applying for the right of counter appeal replacing the right of appeal is unsuited to the position (the party) of the victim. Worse still ,it may violate the victim's economic benefits and personal rights.This author thinks the right of appeal of the criminal victim refers to this right that if the criminal victim as well as his/her legal agent and relatives or law agent who has got the agreement of the victim disagree with the sentence and judge which have been made but not effective, he or she has the right to raise an objection and apply for the higher court to try again. The victim's right of appeal possesses the nature of relieving and it's an essential human right.The right of the victim being ignored for so long a time lies in not overally realizing the victim's important position in criminal suit. In fact, whether a victim has the right of appeal is not only related to the dignity of the victim, but also related to the just of the judicial process, the efficiency of lawsuit and the order of the whole society. That is to say, the victim's right of appeal possesses the value of dignity, fair process, the efficiency of lawsuit and order.The field of theory has different opinions about the problem of the victim's right of appeal. The author thinks that the victim has conflict of imterest with the results of the case. To ensure that the victim can fully participate lawsuit and affect the process and structure of lawsuit, in our ountry, letting the victim have the right of appeal is very necessary to protect the rights and interets of the victim and it's also reasonable.The artice conducts a theoretical discussion about the practice of giving the criminal victim the right of appeal. And it suggests that we should limit the range of the case and the appellant in legislation, and if the victim appeals to a higher court, he or she must have certain terms and reasons, following certain ways and procedures, that is itsuggets giving the victim limited right of appeal.