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Victims Of Criminal Prosecution Right Of Appeal

Posted on:2009-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:J QianFull Text:PDF
GTID:2206360245475928Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Victims, China's Criminal Procedure Law has given its litigants status, the main activities of the lawsuits.In this paper, in current the lack of the victims' right to appeal this situation, the five-part demonstration victims statutory right of appeal to the theoretical and practical basis for the feasibility of the final suggestion of giving victims a statutory right of appeal system settings.Victims position in the different historical periods have different performance, a general view in the primitive society of private relief mode, the highest status of the victim. To the feudal society, national powers intervene in the proceedings, and the victim's right to seek gradually by the state power to control. In a feudal society of Inquisitorial-litigation model, the victim's legal status is the lowest. To a modern system of public prosecution, victims usually have ordinary people participated in the proceedings or the status of the parties. The victim in the criminal proceedings with our party status, but there is no right of appeal, which led to a series of questions: not conducive to the protection of the interests of victims, the impact on the authority of the case against litigation democracy, and the status of the parties.Victims the right to appeal an inevitable extension of the right of appeal: the victim's right to appeal the case indictment reality, the victims should have the right to appeal to the state. Victims of the right to appeal is their right, which is decided by the dignity of victims, victims of retribution by the concept decision on the appeal is the relief of victims of rights.Give victims a statutory right of appeal, in addition to resolving the current victims of the supreme right to appeal, but also deeper reasons. The following three main reasons: First, the purpose of criminal proceedings victims have the statutory requirements of the right to appeal; Second, the need for public power constraints, including constraints and constraints jurisdiction indictment; Third, the need for procedural fairness.Scholars on whether the victims have the right to appeal affirming and denying two opposing points of view. Deny victims the right to appeal to the view that if the right to appeal to the victims and contrary to the principles of criminal proceedings related. I think that gives victims the right to appeal and the relative value does not run counter to the principle: First, do not negate the protection of the rights of the accused. Stressed that the rights of the accused in criminal proceedings is to protect the public and prevent the abuse of power; Second, it should not hinder the efficiency of criminal proceedings, victims have the right to appeal the exercise of certain conditions, therefore, the increase in the second trial of the case is limited, at the same time the greatest possible number of cases be impartial referee, the efficiency of the proceedings in real terms is increased; Third, the appeal does not violate the principle of not aggravating.
Keywords/Search Tags:victims' the right to appeal, the prosecution cases, criminal proceedings, the limited right of appeal
PDF Full Text Request
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