On Protection Of The Rights Of Victims In Investigation

The victims as direct bearer of criminal acts, their bodies, properties, Spirits, even safety suffered the suspects'violation, they not only suffer property damage, personal injury, but must also suffered great mental pain. The strange thing is, in the world, even the most developed protection of human rights countries, the protection of the suspects or the defendants' rights are better, more systematic and more advanced than the victims'. This seems to be a common phenomenon. Generally speaking, the victims suffered the suspects'violation, their rights are more worthy to protect, so this is a strange phenomenon.China's Criminal Procedure Code gives victims the status of the parties to the litigation, and provides a series of procedural rights, compared with the rights and role of the Victims of civil action, the victims in criminal proceedings are not the full sense of the party, the law regulations and judicial practice ignores the status of the parties so unworthy of the name of victims. The victims, in fact, are quasi-party status. Therefore, we should pay more attention and thinking to the status of victims'issues and rights of action, criminal Investigation is the first stage of the criminal procedure, and is very important in protection of the rights of victims. Improving the detection of protection of the victims in Investigation has many advantages for the victims, and has a profound impact on criminal justice.At present, one of the important reasons of the shortage of protection of the victims in Investigation is lack of knowledge of its values. So I did an analysis from the theoretical and practical value to propose nine values:protection of human rights, making more perfect detection structure, reflecting fairness and justice, in line with the development of criminal law, help protect the lawful rights and interests of victims, conducive to the smooth progress of the Investigation, the formation of investigative oversight and reduce judicial corruption, maintaining social stability, in line with the trend of international criminal justice.After describing the process of the development of the victim's lawsuit status. I summarized the rights that entitled to the victims in Investigation.There are many shortages about the rights of victims in Investigation in the legislation, including the lack of rights and remedies; and there are many causes, for example traditional reasons, the concept of factors, legislative factors, factors of judicial resources.The protection of the rights of victims in Investigation needed to be improve.First, starting from the concept level, and only establish a correct concept in order to protect the rights of victims better; followed in the system, establishing six specific systems to improve the protection of the rights of victims; then in practice, establishing six practical program to further enhance protection of the victims; Finally, I pointed out several problems which should be pay attention to.