Victim Protection Mechanisms In The Context Of Public Prosecution

The new criminal procedure law has a lot highlight, the main change is embodied in two aspects in many of the changes of the law:one is on strengthening the restriction of judicial power; the other one is to protect the rights of criminal suspects and defendants. Through the changes, the color of criminal procedure law of human rights protection is stronger. But, the amend of the criminal procedure law also revealed a problem:the protection of the victim is far from enough. There are many causes of this gap; it has its own theoretical background. Under the influence of the western human rights thought, Criminal procedure law focuses more and more to focus on human rights protection, and human rights protection has become the main task of criminal procedure law and fundamental value. In addition, considering the criminal action structure and goals, in which the criminal suspect and defendant for relative disadvantage. So the guarantee of human rights gets more attention to the criminal procedure law. But this view is narrow:views will be confined to the criminal procedure itself, not extend to the criminal litigation initiated before and after. From the produce, process, results of criminal procedure only observed in the process of the proceedings of criminal suspects and defendants, it’s easy to get a conclusion. In addition, the criminal procedure law shows a further preference for program. Entities ultimately depends on physical measures to solve the problem, although the criminal procedure law is a procedural law, to protect human rights and restriction on power, the key lies in the effective supervision of power. Both emphasize the balance of power and prevent the abuse of power should not be despised litigation rights of the victim. One of the core members of the victim as a criminal litigant participant, on the litigation rights configuration should also get enough attention. The rights of the victim in criminal procedure law is mainly about applying for withdrawal, entrusting agents AD litem, applying for excluding illegal evidence, requesting for protection, calling for incidental civil action, supervising judicial behavior, the rights of the trial stage, and criminal reconciliation. The new improved performances for protection of the victim in criminal procedure law are:an increase in the number of articles, the expanding of the body scope and the improvement of the preservation measures of incidental civil action. But it’s still not enough for criminal procedure law to protect the victim fall:Lack of presence, more limits to entrust agents AD litem, claim for compensation scope is too narrow, the victim’s right of appeal is not enough, lacking the victim’s participation of community correction. It’s very necessary to improve the mechanism of victim protection, it is decided by the important position of the victim. Criminal judicial democratization is the inevitable requirement, and also an important force in promoting restorative justice practice. To improve the victim protection mechanism, the victim’s status should be paid great attention, and to protect the victim’s right to know, to participate. We should introduce the content of the mental damage compensation, establish the victim country compensation system, give victims’ rights of appeal, improve the victim’s rights when the litigation is over.