The Perspective Of Human Rights Law

After the second world warfare wind up,especially since the 1960s,with the gradually deepgoing of international human rights protect of rising and developing, people began to steer their sight to viectims which was treated coldly in long-term,the victims' rights protection,especially the" Victim's Right to Appeal Procedures" begin to turn into international academic subject too.UN,Rigional international organizations,and other international entities are strengthening to protect the victims'rights,for example,the UN specially pass the《Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power》,and has made considerable achievements.This influx of potential has been known as'the movement of restoring the rights of victims'.In accordance with the provisions of China's current Code of Criminal Procedure,the criminal defendants and the victims are parties of criminal proceedings, it is puzzling that the criminal defendants enjoy independent right to appeal certainly,why the victims has no independent right to appeal? And replaced by a request for the right to petition,even the request for the right to petition,has no corresponding implementation procedures.The situation whether from theory and facet of practice is not fit to the status of parties, and more contrary to the purpose of the code of criminal procedure of punishing crime and protecting human rights.To analyze the victim's right to appeal under the perspective of human rights law,we need to understand a series of core concepts,such as human rights,the criminal victim's right to appeal,and clear the methods.Study the criminal victim's right to appeal of abroad and our shortcomings,from the legal theory perspectives such as the human rights,the rule of law and procedural justice to proof the necessity and rationality of the victim's right to appeal.Then need to consider the dependencies between human rights and the victim's right to appeal in general.lastly,we will consider the significant demenstration and system design issues.