A Study Of Appeal Right Of Criminal Victim In Criminal Case

Civil action is the origin of all litigation, criminal litigation and administrativelitigation are the branches of civil action, and therefore, as one of the basic theories ofCivil Procedure Law, Litigation theory can also become the basic theory of CriminalProcedure. Though domestic criminal procedure law fields admit the existence ofcriminal procedural law, the understanding of it is too one-sided and even equals it toaccusatory right. Appeal right of criminal victim is part of Criminal procedural law,because of a serious factors, it is not studied deeply and thoroughly by scholars, forexample, the shortage of current appeal right of criminal victim, how to support andensure the implementation of it, those factors make appeal right of criminal victim in anarrow and laggard state, not only affect the exertion of protection, but also the judicialfairness. From these questions, the author starts from the criminal procedural law toexplore the current situation and shortage of appeal right of criminal victim, andthrows out suggestions to reform and improve it.The thesis is divided into four parts:The first part is focus on criminal right of suit, introduce the basic theory anddevelopment of it and put emphasis on the study of appeal right of criminal victim.The second part explores the theoretical basis of criminal right of suit andemphasize on person’s idea of judicial subjectivity, independence of judicature andprocedure justice.The third part analyses the current situation and shortage of the appeal right ofcriminal victim. The thesis analyzes the appeal right of criminal victim from differentstages of criminal procedure.In The fourth part, according to the current situation and shortage of the appealright of criminal victim, the author propose specific suggestions to reform and improveit.