Study Of The Theory Of Criminal Victim The Right To Appeal

The right of action for the criminal victims is an important component of the modern theory of the right of action in criminal procedural system. However, the specialized study in current research, which mainly focuses on the theory and the overall inspection system of the right of action, is very deficient. The author treats the right of action for the criminal victims as the theme by emphasis on the right itself, and makes primary attempts to establish Chinese theory system of the right of action for the criminal victims in this thesis.The main body of this thesis comprises 4 chapters. Chapter 1 lay the foundation for the study in dealing with the connotation, origin and development of the right of action for the criminal victims. The evolvement of the right has close relationship with the development of the changes in the status of victims by degrees. Such actions show that China has affirmed the right of action for the criminal victims.Chapter 2 the theoretical basis of the criminal the victim's right of action as research themes, which include three perspective in human rights, justice and harmony . From the human rights point of view, the right of action for the criminal victims, which is based on the right of equality, is the inevitable choice with the development of the right equality form formal to essential. From the aspect of justice, giving the victims the right of action is the inherent requirement of justice and the organic combination between procedural justice and substantive justice. From the perspective of social harmony, to give the criminal victims the right of action contributes to the achievement of the value of harmony in criminal proceedings. Therefore, endowing the criminal victims the right of action through the formal legal system has become the contemporary consensus of national human rights protection.Chapter 3 mainly deals with the structure of the criminal victims' right of action. The main body of their rights is the criminal victim. It is precisely that the premise of endowing the right of action is attributed to concerning about their special circumstances. The main obligations should be the state and the courts, the former should take the national responsibility of protecting the right of action for the criminal victim when the latter should assume the specific responsibilities of implementing the right of action for the criminal victim.Chapter 4 mainly deals with the realization of the right of action for the criminal victims. With the development of the system of the criminal right of action, the right of action for the criminal victims will be realized step by step. In details, the realization of the right depends on the following aspects: legislation, model and procedure, and abuse prevention. Based on the research on the legislation and practice of the system of the criminal right of action in the world, the author believes that the perfection of the system of the criminal right of action should focuses on the right of action for the criminal victims from the above aspects.