Criminal Victim’s Litigation Rights And Relevant Procedural Guarantees

Criminal victims have numbers of litigation rights. These rights are divided into levels, some of which are procedural rights features substantive aspects, some of which are just procedural rights, and some of which are the other rights involved in litigation. I divide these rights into two parts:the trial participation right and other procedural rights involved in litigation. The trial participation rights involved in litigation is the core of the litigation rights of the victims since these rights allow victims to express opinions about the facts and application of punishment. Other rights contain the case-reporting right, the right to sue, participation right in execution, and the right to appeal. Endowing the rights to the victim, some related procedure systems should be made to guarantee the victims’ exercise of rights, such as setting the obligations or procedural sanction systems for the judicial authorities, putting forward some restrictions in case victims abuse such rights, which would impose unreasonable negative effects on the defendants. Procedural protection is not only protecting the victim’s rights also the whole outcome of the procedure.Strengthening the victim’s rights may be confronted with the friction and conflicts with judicial power and defendants’ rights. At some point, the goals and functions of the prosecutor and victims are the same. However, the prosecutor represents the benefits of the public interest so the interests of the victims are easy to be ignored. On the other hand, the victims and the defendants both have the subject status in litigation, while the contradictory of them causes the shifts of their benefits. In some context, they are in the same direction when solving the social contradictions.The part one is the overview of the litigation rights for the criminal victim and proced ural protection, simply clarifying the meanings of the litigation rights for the criminal victim and procedural protection. The part two is the fundamental theory discussing the litigation rights for the criminal victim and procedural protection, including the content of the litigation rights that the criminal victim should have, the relationship and balance of the criminal victim’s rights and public power. The part three is to comment on our current litigation systems and rules of victims’ rights and procedural guarantees and to put forward questions. The part four is to raise suggestions how to further guarantee the exercise of victims’ litigation rights.