Study On The Right Toappealling Of Criminal Victim

For a long time, the defect of the victims'appeal right in criminal cases has been the focus of academia. This article chooses one public lawsuit and one civil lawsuit collateral to criminal proceedings in which the victims refused to accept the decisions but could not appeal the criminal decisions according to the Criminal Procedural Law. To the victims in prosecution cases, if he refuses to accept the decisions of first instance, he could only require the People's Procuratorate to protest, without the support of which he shall lose the possibility of opening the second instance; As to the plaintiff in the civil lawsuit collateral to criminal proceedings, he only has the appeal right for the civil decisions. Obviously, compared with the appeal right of defendant, the victim's appeal right is out of the protection of law. Therefore, this article makes analysis on the relevant opinions in the academia and I think this shall neither obey the principle of no infliction nor change the structure of prosecution, and the status of public prosecution authority will still be clear, which is needed for realizing the value of fairness of law. In addition, this article also proves the necessity of the victim's appeal right from safeguarding the citizen's rights, complying with the development of society and constructing harmonious society . In order to facilitate the judicial practice, I limit the victim's scope to the direct victim, the legal attorney of victim; in the event of the death of the victim, the close relative is the victim, and clarify the status of the public prosecution authority in the second instance in the cases in which the victim appeals. If the People's Procuratorate protests, and the victim appeals at the same time, the victim shall choose whether to appear in court to issue his opinions according to the consistence of the People's Procuratorate's reasons and his reasons. Lastly, I make a suggestion that revoke the rules that the victim requests the People's Procuratorate to protest and include the victim into the subject of the appeal rights and give the appeal right to the victim directly.