A Study On The Victims’ Rights To Participate In Procedure

With the rise and development of the world human rights movement, people are paying more and more attention to the protection of human rights. One of the important things is the focus of litigation status of the victim and the litigation rights of the victim in the field of criminal proceedings. In China on January 1,2013 implementation of the new<criminal procedural law> reaffirmed the victim in the position in the public prosecution, gives the victim more litigation rights. But in centering on the protection of the defendant’s criminal justice system, the victim often only as a tool of national Sue criminals, its own right, right, sentencing suggests, execution participation rights, such as a number of program participation are ignored still common phenomenon, this not only makes the victim’s legitimate rights and interests can not get practical and effective safeguard, more will affect social harmony and stability, the case of Lv Jinwei has effectively proved that. Criminal victims program participation mainly includes that litigation rights of information, against the rights of the rights of the crime, participate in the proceedings and participate in the enforcement procedure rights. Its embodiment of due process, safeguard the rights and interests of the victim lawsuit, and realize the value of litigation justice, theoretical basis is procedural subject theory and the theory of retribution penalty. Two important legal systems in different countries of the criminal procedure law program participation of the victims made the corresponding provisions and tend to perfect, mainly including expanding the rights of the victim participate in hearing, sound the victim learned related information of litigation rights and widely used the victim impact statement system, etc. We can model the criminal victim program participation outside of related regulations, perfect the criminal victim’s right to know, to set up the victim to apply for compulsory prosecution system, giving the victim sentencing suggests and improve the victim executable program participation these four aspects to strengthen the application of criminal victims of our country participation, make the most of their benefits and further promotion of the society, including the victim of criminal justice in China trust, inject new vitality for judicial reform.