Study Of The Victims The Right To Appeal In Criminal Proceedings

In recent years, most of the theoretical research in the field of procedural law review the guilty acts on the point of perpetrators (the inflector party), and few scholars investigate the guilty acts in the interests of the victims (the injured party). In a sort of sense, the rising rate of crime is a sign of the deviation on the ideological trends which pay too much attention on the point of perpetrators in criminal procedure laws and policies. Therefore, it is a development tendency in the current field of Criminal Procedure Law to explain or illustrate on the perspectives of the victims. The victim's right of action, the status and litigious role of the victim in a criminal case, as well as enacting related laws and regulations have become the hot topic discussed in theoretical circles. However, safeguarding the victims' protection is still in infancy in the judicial practice. Contrary to the efforts for safeguarding the accused, protections for victims in criminal litigation, safeguarding the victims'protection are apparently defective. What's more, the related legislations are vague which victims'remedial channel is not free from obstruction to some extent. In addition to those mentioned thus far, some of them not only have not obtained the legal protection, but also suffered "the second violation" in the lawsuit process in certain degree other than the damage which they have got in crimes. This situation of victims has caused wide-spread concern in society. It is an emergency that our country should step up to the lawsuit right research of victims and their safeguarding.The theory of the right of action is an important theoretical foundation of civil litigation concept, which reflects the free and justice. The right of action belongs to the conception of the basic human rights. The victims which are attacked by the criminals should be endowed with well-guaranteed right of action. Therefore, putting the theory into the study of criminal procedural law is beneficial not only to allocate resources rationally in criminal lawsuit, but also to perfect the pattern of lawsuits and broaden the research fields of criminal procedural law.The author first analyzed the basic theoretical issues in the rights to civil litigation, and then explains the victim's right of action. What's more, through the foreign experiences that have been considered, we can makes some comments on our legislative and justice practice. Through to the proposition of the former part, learning from the foreign existing theory and systems, we try to give my own views on a lawsuit right system for the victim, which conforms to the reality and the current situations in China. The innovation of this article is based on analysis of the victim's right of action, it also reveals the nature of the litigation right protection in criminal lawsuit, Thus, considering the unbalanced protection to the accused and the victims, it is suggested to balance the protection for the accused and the victims in criminal litigation in order to materialize the Justice of Law.