Study On Criminal Victims’ Status In Litigation

As an individual who affected by crime directly，victims should be concerned in thecriminal procedure. But victims don’t have right to speak because they oftenovershadowed by the public prosecutor under the principle of state recourse prosecution.With the development of victimology and movement of protecting victims，victims returnto the center of criminal procedure step by step. Since the“Declaration of Basic Principlesof Justice for Victims of Crime and Abuse of Power”passed in1985，most counties in theworld have adopted legislation and judicial reform to improve victims’ status in criminalprocedure. To follow the development of the world，our country gives the status of partyand some rights to victims in Criminal Procedure Law1996. The newly revised "Code ofCriminal Procedure2012" added the contents of criminal reconciliation，strengtheningvictim status in the proceedings. However，the legislative intent has not been representedwell in juridical practice. This paper is to explore the rationality and legitimacy of victims’status from the theoretical analysis behind the legislation in order to guide the legislationand judicature to improve the victims’protection system.Clearing target is the premise of study. This paper gives the concept of criminalvictims in order to clear the range of research. Comparative study of history is used tointroduce and analyze the criminal victims’ status in history. Then we investigate thevictims’ status in criminal procedure in a number of countries in different modes throughtransverse comparison. Then we introduce the victims’ status in our country and analyzeits legitimacy and feasibility on theoretical level. On this basis，we analyze and summarizethe problems of victims’ status in our criminal procedure，and present some perfectproposals.The victims’ status established by judicial legislation will be implementedin judicature though perfect reforming the system of victims’ protection in all aspects ofcriminal procedure，in order to victims can participate the procedure and realize theiraspirations effectively.