On The Protection Of The Rights Of Victims In The Case Of Public Prosecution

The paper aims to argue the protection of the victims in the public prosecution cases with the prospective of participation principle. The author thinks that with improving the participation rights of the victims in the public prosecution cases, the following should be done: insisting on the active rights of the prosecutors in the procedural process, putting forward the action rights and the decision rights of the significant matters, meanwhile, promoting the victims' affection on action, such as improving the victims' rights to sue, to know and to present their views, adding the victims' sentencing suggestion rights.The paper consists of four chapters: the significance of the victims' participation rights in the prosecution cases; the corresponding prescriptions of the victims' participation rights in the prosecution cases in some main states of the world; the present condition and inadequacy of the victims' participation rights safeguard in China; suggestions to improve the victims' participation rights safeguard in China.Chapter 1, the author introduces the definition of the victim first; and then by the means of historical research classifies the participation principles; clarifies its definition, origin and basic demands; makes comments on its functions; and finally, focuses on the significance of the victims' participation in the prosecution cases.And then, in Chapter 2, the author makes investigation in the victims' participation rights safeguard in the main states of the world by the means of comparative research and on this basis makes precise analysis and makes some conclusions:the victims' rights safeguard is the due meaning of human rights safeguard; no matter what in Civil Law System or in Anglo-American Law System, the victims' rights safeguard are focused on and plenty of measures were made to safeguard the victim's benefits in the criminal procedure; in the criminal judicial reform, more and more states gradually establish the main body status in the criminal procedure.Chapter 3, the author analyses, on the basis of reality, the present condition of participation rights safeguard of the victims in the prosecution cases in China by the means of legal Hermeneutics and points out the adequacy, outstandingly exsists the adequacy in prosecution rights, the incomplete rights to know and the incomplete rights to present and the lack of sentence suggestion rights. In order to analyze the present condition of the victims' participation in public prosecution cases in China and absorb the splendid results of the whole humane being, in the last chapter, the emphasis of the paper, the author makes some suggestions on the victims' participation rights from pretrial, trail and carrying procedure aiming to contribute to the supervision of the criminal procedural law.