By The Prosecution Right Of Appeal To Achieve

The Accused's Litigation Rights belong to Criminal Litigation Rights, as well as Prosecution Rights. While scholars pay more attention to study the attribute of Prosecution Rights, it is really hard to make the existence of Criminal Litigation Rights to be recognized. Experts in our country prefer to search for the solutions to bring about the balance between the Accusing and the Defending, how to restrain the Prosecution Rights, Jurisdiction Exercise, and so on. It neglects the source of the Accused's Litigant Rights. As the theory of Litigation Rights gets rid of the confine of civil action, the task research of criminal procedure law is progressing gradually, resulting in the theory of the Accused's Litigation Rights. So we should correct its flaws, according to the Litigation and Judicial Practice.This thesis is divided into four parts. ChapterⅠis about different views of Civil Litigation Rights and Criminal Litigation Rights. There are several points but no one is perfect. The theory of Criminal Litigation Rights is based on Civil Litigation Rights research, lacking professional accumulation. The research on analyzing the merits and demerits among the very theories can provide theoretical support for the Accused's Litigation Rights. ChapterⅡparticularly analyze the Accused's Litigation Rights'theory basis. Materializing the Accused's Litigation Rights is very important to the value and the specified system of modern law. It also protects the procedure justice and human rights The Accused's Litigation Rights includes rights to defense and rights of responding to action. How to realize the right to self-defense and counsel determines the reflection to the justice of procedure and Criminal Judiciary. ChapterⅢis about the Accusing's subject position. The Accusing should act as litigation subject but not litigation object; he can be investigated for criminal responsibilities in accordance with the provisions of the relevant laws. So the Accusing should have the legal rights to active defense to resist Prosecution Rights. ChapterⅣcites specific measures in order to carry out the Accused's Litigation Rights. The right of silence can coordinate the relations among the Accused's Litigation Rights, Prosecution Rights and Jurisdiction power. Judicial officers always abuse their power position so that equity of rights in litigation hardly come true. So we should set up the very view that the Accused's Litigation Rights are superior to Prosecution Rights and Jurisdiction power; legal provision should grant the Accusing rights to silence. If the confession became not essential, which forces the investigation organ to find other ways to look for evidence, such illegal activities as extraction of confession by torture would extinct.