Protection Research Of Victims’ Rights In Criminal Procedural

Since1996, the criminal procedure law of our country gives the legal status of the parties to the criminal victim,and specifies a series of procedural rights,the newly revised criminal procedure law and relevant judicial interpretation also inherited this practice, but overall, litigation rights are not only enjoyed by the victim and weak compared with the defendant for the litigation parties, but also not matching with the legal status of the parties. The victim is not a party in the full sense, naturally, does not enjoy the full rights of the parties in litigation. Compared to the level of protection of the rights of victims in western countries and international legal standards, the victim rights protection has numerous deficiencies and must be improved. In fact, the causes of this kind of situation are various. Starting from the basic theories of criminal litigation rights of the victim, this paper adopts the method of historical analysis and comparative analysis to conduct a comparative study about the world’s major countries in protecting the rights of criminal victims proceedings on the situation, after that, identifies the Criminal Procedure Law’s inadequate protection for the rights of the victims of the proceedings, finally put forward the idea of improving the rights of victims in criminal proceedings safeguard mechanism. The full text is composed of three parts, preface, text and conclusion.The text is divided into four parts.The first part is an overview of criminal litigation rights of the victim. This part starts from the definition of the victim and the historical development of victim’s status, lead the victim lawsuit rights problem, and then explore the necessity of the protection of the rights of the victims from the human rights safeguard, procedural justice, litigation equality perspective and to clarify the significance of strengthening the victim lawsuit rights.The second part is to examine the status of foreign criminal proceedings and the rights of victims. Select the portion of each action mode with representatives of national significance, introduce its litigation status and protection of the rights of victims and make comparative analysis of the situation, identify the differences, dig out the commonality of the factors in the intention of Criminal Procedure safeguard mechanism, in order to provide reference for improving the rights of victims.The third part is the present situation of the protection of the rights of criminal victims action and deficiencies. This part is based on the specific provisions of current criminal procedure law in our country, through the contrast of old and new criminal procedural law and judicial interpretation to show the changes in the criminal victim right protection in our country, describes the present status and disadvantages of criminal victim right protection in China.The fourth part is about the perfection of the criminal victims litigation rights. This part firstly put forward the overall train of though of our country’s criminal victims rights guarantee mechanism from the macroscopic, and then put forward the improvement of the specific measures and the system construction plan.