On Criminal Victims Legal Rights Protection

With the development of modern rule of law, our rights against acriminal defendant’s degree of attention increasingly strengthened, the newCode of Criminal Procedure and the corresponding policies introduced inrecent years also reflects the protection against the right of the criminaldefendant. But the criminal defendant, who bears the criminal consequencesof those victims, has been neglected as the subject of litigation status,especially at the national prosecution system led to criminal proceedingsmode. In Code of Criminal Procedure of1996and the newly revised CriminalProcedure Law, although the provisions of the criminal proceedings theparties to the status of victim protection measures and litigation, criminalreconciliation rights litigation in the protection of the rights of criminalvictims have made great progress, but still far from sufficient to protectcriminal victims in criminal proceedings who should enjoy litigation rights;and furthermore, because of the lack of supporting security system and otherreasons, disregarding the procedural rights of victims of criminal violations injudicial practice have even occurred. How to give criminal victims from thelegislative proceedings on the substance of the right, how to protect criminalvictims from the system to realize the right of action to ensure the realizationof the purpose of the Criminal Procedure Law, we will study the issue in thefollowing paper.Based on the extra-territorial investigation of the criminal protection ofthe rights of victims, we found that whether the inquisitorial proceedingsmode of " the litigation" protection or the party litigation mode of "litigation"protection, strengthening the protection of the rights of victims proceedingsare the general trends in criminal justice system. In the paper we took theparticipation of victims in criminal proceedings of P City in empiricalresearch activities as research samples, we found the inadequate protection ofthe rights of victims in criminal proceedings was rooted in inadequate legislative and judicial levels defects. Legislative level defects, which includethe absence of the right to appeal、the right to participate in the penalty、theright in conviction and sentencing、 the right to compensation for moraldamage, and the right to information, agency and other system, are not perfect.Defects in the judicial level include the judiciary omissions, enforcement ofthe law uneffection, relief effect unobvious, etc. Finally, in this paper wesuggest we should give criminal victims the right to appeal, the right toparticipate in the penalty, the right in conviction and sentencing, the right ofmoral damage compensation claims from legislation, and through theimprovement of the right-to-know system and the proxy system, it can smooththe process of two-way information transmission channels between thecriminal victims and judicial authorities in criminal proceedings in order torealize the protection of the rights of victims in criminal proceedings.