On Claims Of Victims In Public Prosecution Cases

The current Criminal Procedure Law of China establishes the main body of the victim status of litigants, it also gives a more comprehensive procedural right of victims; the claims of victims should be respected. However, legislation does not make a clear definition of the claims of victims, which lead to the plight of victims in judicial practice. Therefore, how to define the demands of victims and address the plight of the demands suffered by the victim has an urgent and realistic significance.The victim demands is the victim’s claim or that the claim or proposition, which is the general designation of the suggestions, statements, opinions, views, standpoints put forward by the victim in criminal proceedings,on the law applicable in dealing the case or finding the fact. It has the feature of a subjective preference, the proxy of public authority, personal interests and private infringement etc. Demands of victims put forward, stressing the effectiveness of their participation in the proceedings and the value of dignity to be a human, it not only highlight the status of victims to ensure procedural fairness, but also the proper meaning of protecting the human rights of victims. Due to the national standard of criminal justice philosophy, the pursuit of undue the economy, efficiency value in litigation and as well as the imperfect of the related system etc. The victim demands facing many difficulties, which in particular are:the victim is told insufficient provisions; the lack of the right appeal of victims; inadequate right of compensation and the absence of relief. For these reason, the author will try from three angles that are the victims themselves, legislature and judicature, combine all stages of the proceedings to raise some legislative proposals and programming conception in solving the difficulties of the victim demands comprehensively and from multi-angled point of view.