Research On Criminal Victim’s Litigation Rights

In the state-led model of public prosecution, the defendant is in a relatively weak position, and is more vulnerable to violations of state power.Therefore, most scholars of Criminal Procedure are focus on improving the rights of the accused, protecting the accused in the course of criminal proceedings against the public authority.In our country,under the Authority socialist litigation mode,the situation is more worse..Victims lack of presence throughout the course of criminal proceedings, and the satuation is increasingly marginalized. However, from the fourtis and fifties of the last century, with the emergence of "victimology",the scholars are put more attention to the right of the victimes.Especially after World War II, the rights of victims is more and more important for the scholars, and a campaign was launched to protect the rights of the victims in the world wide.In the declaration of the "United Nations Declaration of the United Nations",there are more detailes about the rights of the victims.Adapt to this, many countries have made many provisions on the rights of the victims in their national law.Following the trend, our country also made a series of provisions on the protection of the rights of victims, and gave the victim status of the litigant’s gradually.Due to the imperfect of the legislation, then lead to the victim in the process of criminal proceedings will not be able to get adequate protection, consistent with the status of the victim.In order to solve this problem, this paper will start from the basic definition of the victim, explore the question that what kind of right does the victim in the process of criminal proceedings will have.Based on the carding of the criminal procedural law of our country since the founding of the country, find out the development course and the disadvantages of the litigation rights of the victim in the field of criminal procedure law in our country.At the same time,obsorb the relevant provision of the foreign country on the base of the actual situation of our country.,then put forward the corresponding solutions,to perfect the provisions of our own country.To protect the litigation rights of the victim better,and safeguard the judicial justice.This article is divided into four parts.The first part, the basic theory of the litigation rights of criminal victims are expounded.Clear the definition of criminal victim, defined the scope of the research of this article is the rights of the victim should enjoy in the process of criminal proceedings.And in the first part there are also analyzes of the development history of the litigation rights of the victims.This part also laid the theoretical basis of the whole paper.The second part, the issued three criminal procedural law in China has analyzed. Tease out the evolution process about the litigation rights of the victim in the criminal procedure law in our country.Introduce the provisions on the protection of the victim in the criminal procedure law of PRC,and at the same time pointing out the existing problems in the law.In the third part, the the shortcomings of the protection of the litigation rights in the current law of our country were described in detail. Including the victim’s right to know, to prosecution, right of private prosecution, right of appeal, the right of entrust agents AD litem,the right of statement, the right to suggest the measurement of penalty, the right of victim to execute a program participation.In the fourth part, On the basis of the judicial practice in our country, draw lessons from foreign experience, relying on the existing system in our country in the process of criminal procedure,some suggestions on the situation of the lack of protection of the victim rights legislative proposals are put forward.Including suggestions on the victim’s right to know, to prosecution, Right of private prosecution, Right of appeal, the right of entrust agents AD litem,the right of statement, the right to suggest the measurement of penalty, The right of victim to execute a program participation.