On The Case Of Public Prosecution, The Victim's Litigation Position

With the rapid development of the modern society, more and more problems of people themselves emerged to be profoundly concerned by the individuals. With the respect of that, victims of crime who were once neglected by public are getting more and more attention with dual impetuses of the Victim Right Movement and the victim research. After the mid-20th century, the strengthening of victims'lawsuit status and the enhancement of victims'rights have gradually come into the general trend and direction of the development of the international criminal procedure law. Many countries have take measures to strengthen the protection of victims'rights .The criminal procedural law of the People's Republic of China amended in 1996 upgraded the prosecution status of victims from criminal litigant participants to contesting party, which was approved by some scholars, leads to some unanticipated and insolvable problems in the author's opinion . This article mainly involve in researching and further discussion about the victims'prosecution statue.Chapter one: the concept of the victims, and the evolution of the role of it. This part shows the concept of the victims from the connotation and denotation, after that, based on the analysis of the concept of the victims, the article concluded the five features of the victims: legitimate rights and interests are damaged,and their rights are damaged directly,they can join in the dispute settlement their statements are proofs ,and the outcome of court proceedings related. At last, the article checks the history of the roles of the victims. From that, we can see that the roles of the victims became from higher to lower, and release again.。In this course, we should know that, after the country intervention private disputes, the solution of contradictions between the victims and the suspects have involved the area of the law. So, the improvement of the status of the victims should have a limit it needs clarifying and defining in the system of law.Chapter two: the checking the roles of the victims of the feigner. In this part, the author chooses the victims in France, Germany, England and USA to introduce. France has the system of the civil-cline, after the victims' rights were damaged, he can propose to the court to activated indictment; in Germany, the victims can join the trail through the way of incidental proceedings in England and USA, the victim means witnesses but they have lots of rights. At last, the article draw a conclusion to the similarities and differences point about the litigation status of the victims in the two schools countries.Chapter three, the introduction and the introspection of the vicissitude of victims'status in litigation in lawsuit of the public prosecution. The criminal procedural laws of the People's Republic of China amended in 1996 upgraded the prosecution status of victims from criminal litigant participants to contesting party, and provide the victims some procedural rights accordingly. This is an active performance of the evolution in our democracy and legal system undoubtedly. However, identifying the victims as contesting party disobeys the logic, and possibly leads to inequitable prosecutions; the conflict of the victims' dual role of party and witness put the litigation into disorder.Chapter four: the definition of aggrieved parties' litigant status and the rights and interests in the cases of public prosecution. Before defining the litigant status of the aggrieved party, it's necessary to illuminate two litigating relationships, which are the relationships between the aggrieved parties and the accused parties, as well as that between the aggrieved parties and the prosecutors. From this point of view, this article will reveal what status the aggrieved party should have in the public prosecution case. Through the contrast between the aggrieved parties and the parties, and the aggrieved parties and the witnesses, we can find the "extempore" of aggrieved parties to some extent, however, they are not the parties; although the aggrieved parties have some, they are not the ordinary witnesses. These two characters are interdependent and interact with each other, and lead to the peculiar character of the aggrieved parties. Therefore, we define them as the special parties in the lawsuit. It is no doubt that any definition needs to be realized through relative rights and systems. To maintain this definition of the aggrieved parties, we should ensure their litigant rights, and thus it's necessary for us to consolidate his definition as follows: ensuring the rights of knowledge enough; ensuring to realize the principal-agent rights efficiently; replacing the public prosecution to the private prosecution; amending current system of compensation to the aggrieved parties; initiating the national aggrieved parties assistance system in our country.