Study On Litigation Rights Guarantee Of Criminal Public Prosecution Cases’ Victims

Rights guarantee in criminal litigation has long been focused on the defendants. To be one of the litigants in criminal litigation, rights guarantee of victims is always been forgotten. Victims in criminal cases often suffer from repeated victimization, which reflects many unfairness, defects and drawbacks of concepts and systems nowadays. It has to be deeply thought. Effective exercise of victims’litigation rights is the key of victim protection in criminal litigation. Victims’litigation rights in fact are not commensurate with their litigation status, although they are treated as litigant of criminal litigation. There are many more principled provisions than specific terms about victims’litigation rights in China today. The lag of guarantee of victims’litigation rights is not commensurate with the development of human rights protection in criminal litigation. Therefore, guarantee of victims’litigation rights become one of the significant issues in criminal procedure law study, which attracts more and more attention and research.It should be both theoretical and practical on the study of guarantee of victims’ litigation rights. The guarantee of victims’litigation rights has its theoretical foundation which is deep and solid. To achieve practical results of the guarantee of victims’ litigation rights, its theoretical foundation and current defects must be deeply dissected. Also the system of victims’litigation rights guarantee should be established at once.This article interprets the theoretical foundation of victims’litigation rights guarantee. They are theory of procedural subject, theory of separation and restriction of powers, theory about right to appeal, and basis of litigation status. Theory of procedural subject demonstrates victims’status of subjectivity in criminal litigation also tells us the procedural rights which victims should enjoy. Theory of separation and restriction of powers expounds public authorities should guarantee victims’rights effectively though the separation and restriction of powers. Theory about right to appeal deeply demonstrates the justifiability and independence of victims’ litigation rights. Basis of litigation status shows us the theoretical sources of victims’ litigant status.The system of victims’ litigation rights protection at present derived from Code of criminal procedure in1979,1996and2012. Generally speaking, our system of victims’ litigation rights protection is continuous developing and improving. However, there are still a lot of drawbacks and disadvantages in reality that make the victim’s procedural rights unworthy of the name. At the same time, the victim’s procedural rights need to be clearer, more practicable and more perfect. There are lots of drawbacks in this field nowadays. Such as the hysteresis of legislation about victim protection, the imperfection of litigation representation system and legal aid system, the infringement of victims’ litigation rights during the pre-trial procedure, the imitation of the litigation status of victim in trial proceeding, the evident defects of supplementary civil lawsuit system, victim’s outsider status in performing procedures, the absence of state compensation system, and so on. These issues highlight the lack of protection of the victim’s procedural rights for quite some time.The effectively guaranteed of the victim’s procedural rights are supposed to be with the key point of the systematic construction and perfection. We are supposed to give the integration protection to the victim’s procedural rights at each stage and all programs. The guarantee, first, shouldn’t make the victim’s rights on the litigation unfair with the rights which belong to the defendant. Second, it should make the victim who could actually possess and exercise the rights on the litigation equal to the litigant’s litigation status. Besides, it should perfect constantly the systems which can safeguard the victim’s rights on the litigation, and improve the protection of beneficial practically for the victim’s rights on the litigation.