Research On Performance Evaluation System Of The Judge In Our Country

In countries accused as the main mark of modern criminal justice system, powerful state institutions and weak a stark contrast to the defendant, so countries to limit the national power in criminal justice, to protect the rights of the accused as the center. Gradually, suffer the violation crime directly the victim "ignored" by the law, gradually became the "forgotten". Since world war Ⅱ, especially since the1960s, people began to attach importance to the rights of the victim, calls for strengthening the protection of the victim rights. At the same time, countries have also increased in the legislation and judicial practice of the victim rights protection. Our country also conform to the trend of The Times, strengthened the rights of the victims in the legislation. But because of legislative technology and the judicial idea and so on various reasons, in the judicial practice in China’s criminal victim right protection still woefully inadequate. Lead to criminal verdict, the victim refuses to accept the appeal petition phenomenon more and more involved in a lawsuit petitions in even more than the defendant. In reality, our country criminal victims not only blood and tears, and the peremptory has become the stability of the object. So it is necessary to learn to draw lessons from foreign experience, on the basis of the further perfect our country criminal victims rights legislation safeguard.This article is divided into four parts:The first part mainly expounds the basic theory of criminal victims, define the concept of criminal victims had done, to distinguish between the entity and procedure the victim, the victim and pointed out in this paper, we study the criminal victims for the program in the sense of the victim. On this basis, from the Angle of history, analyzes the changes of status of litigation rights of the victim. And from the human rights protection, judicial justice and the Angle of criminal justice four essential attributes:why do you want to protect the criminal victim’s procedural rights are discussed.The second part mainly from our current legislative reference, analysis of the current our country the present situation of the litigation rights of criminal victims, gives the victim the status of the parties in our country in the legislation and more extensive litigation rights. But at the same time, through the analysis of the several cases in recent years, has great influence in the judicial practice, many deficiencies still exist the victim rights protection in China, and even law has confirmed that the power has been shelved, failed to achieve, especially for right to know and participate in the security serious deficiencies, and causes the victim becomes involved penal litigation petition.The third part mainly examines the Anglo-American law system countries represented by America and Britain and continental law system countries represented the franco-german for criminal victims procedural rights protection legislation and the judicial practice, and obtained the strengthening form being litigation rights protection is the world development trend and strengthening the protection of criminal victims rights should be moderately positive enlightenment. Such protection at this stage should be mainly limited to the protection of the victim’s right to know and participate, and on the premise of not to damage or reduce the defendant’s rights.The fourth part according to foreign legislation, judicial, combined with the judicial system of specific national conditions of China, points out that at present to strengthen our criminal the victim rights protection should be should be the main safeguard and improve the victim’s right to know and participate, and put forward the detailed security and consummates our country criminal opinions and Suggestions to protect the litigation rights of the victim.