Study On The System Of The Participatory Litigious Rights Protection Of Victims In Public Prosecution Case

The victims in the public prosecution cases compared to other types of victims, suffer physical and mental harm from more serious crime. Today,their rights protection has become hot issue worldwide, all the countries in the world come out from “defendant’s litigious rights protection as the center” litigious rights protection mode, and protect the rights of victims especially the participatory litigious rights to make them fully participate in the litigation. With the development of judicial reform, our country also gives victims the status of the parties in the legislation and policy, and defines rules for protecting the participatory litigious rights of victims in public prosecution case, but the specific law details still have omissions and contradictions, resulting in “failure to observe the law” and “no laws to abide by”,seriously affecting the realization of the law’s value of pursuiting social equity, justice and the effectiveness of the judicial procedure. In this paper, through the study of existing relevant laws and regulations, combined with the specific problems in practice, put forward to a little idea to the content of the participatory litigious rights protection.This paper introduces the connotation of the participatory litigious rights of victims in public prosecution case in the first part, including it’s concept and history, and carries on the explanation to the value of protection; secondly, according to the regulations in our law on protecting the participatory litigious rights of victims in public prosecution case today to investigate the problems of the protection of the right of action, the right of participation of the criminal enforcement procedure and the right to know the truth; finally, according to the problems existing in legislation and practice, propose that we should search the balance of the comprehensive protection of the participatory litigious rights of victims to expect to perfect the protection of litigious rights of the victims in the public prosecution system as a force, promoting open and fair justice and the implementation of the concept of the rule of law.