Study Of The Victim’s Participation Rights

Victim’s Participation Rights means interest in the case of victims to participate effectively in the criminal proceedings, making a positive influence on the decisions and the judges. The parties should participate in the court’s judicial activities, if the parties can not participate in the proceedings; it deprives the rights of the parties in the litigation. In China, although the Code of Criminal Procedure gives the parties to the status of the victim, from a practical point of view the status of the victims of the parties is in name only, victim participation rights exist to achieve greater obstacles. Given the problems in practice and to strengthen the protection of the victims, it is necessary to study the victim’s right of participation.The core of rights protection should be strengthened and to ensure his participation right. The victim’s right to know is the premise and basis of the victim’s right to participate, participation is the core, the relief right is the right to know and participate in the security. As the parties, the victim is involved in the litigation, personally can, in the form of visible achieve their wishes and demands. Participation is not simply to participate, but sufficient and effective. Sufficiently protect the victim’s participation is of great significance. First of all, the dignity value principle requires that we participate fully respect for the victim. Second, the implementation of the victim participation can maximize the gap between the parties of the prosecuting and defend parties in litigation, which is the need to realize fairness and justice value. Again, the victim contained in the spirit and concept of restorative justice, the victim full participation is helpful to make up for the loss of the victim. Finally, the victim can participate in supervision and public prosecution organs exercise their accusation function actively, ensure the implementation of the victim shall be investigated for criminal appeal.For the right of victims to participate in the existing problems, the author discusses from the court before the trial, the right to participate in sentencing procedure participation right, sentencing participation right three aspects, in order to strengthen the victim in the litigation right of participation. First, clear the victim’s right to participate in the pre-trial. Identifying victims in the investigation stage to ensure the progress of the case, the suspect in the investigation stage, the agents involved in the criminal proceedings ahead of time, the implementation of the relevant authorities to the victim’s obligation to inform. Second, improve the rights of victims to participate in the trial. Court trial against the victims is to achieve, ensure that the requirements of procedural justice, participation of victims in court proceedings is one of the basic rights of the victim. On the question of whether the victim to the court, should fully respect the choice of victims, and effectively protect the right to be heard victims. Third, improve the participation of victims in the sentencing process. Victim participation in sentencing for the realization of the rights of the victim plays an important role in the effective participation of victims by sentencing hearings for public participation in sentencing witnesses, debate, can enhance the victims of the verdict of acceptability. The victim participate in sentencing procedures, and statements to the court his sentencing opinions, is the victim as should enjoy the rights of the parties. The author thinks that, the law should be clear to the judicial organ in the sentencing process, set the body of the sentencing opinions, time, ways are put forward.In addition to the legislation and judicial practice further improve the participatory rights of victims, we should also formulate and improve relevant systems to make existing participation rights of victims to obtain effective protection. First of all, improve the system of the victim lawyer agent. Law has a professional, a lawyer can help the victim to understand the case involving the legal issues, make the victim to have the opportunity to deeply involve in the lawsuit, to deal in the face of the procurator organs and the judicial organ. Secondly, establish the victim’s legal aid system can effectively protect the legitimate rights and interests of the victim, enrich the content of the entity justice. The victim should clearly define the scope of legal aid and standards, as well as the relevant guarantee mechanism of realizing legal aid.