Study On Victim Participation In Criminal Proceeding

Victim,as the one who is directly injured by the crime and one party of the criminal proceeding,ought to be protected and treated fairly.But in reality,the protection of victim in the criminal proceeding in our country has been criticized hardly.Not only because victims can't fully participate in the judicial action,but also due to the lack of virtual effect on the result.Last but not least,victims in our country can rarely get enough compensation from the criminal.As be affected by the study on the victimology worldwide,some of the scholars in our country came up with some solutions for this question.Such as give them more individual position as a party of the criminal proceeding,give them more rights in judicial action,and protect their right of compensation.Although these may do good to the protection of victims' rights,but if you see criminal proceeding as a whole,you can find that these so called "solutions" may destroy the justice of it.This paper intended to study the victim participation in criminal proceeding in the following aspects,and try to come up with a solution to make the victim's participation more fairly and justice.The first part defined the concepts of "victim" and "participation",which is the cornerstone of this paper.The second part analysed the studies of the protection of victim in China,introduced some main theories,and discussed the rationality of them separately.In the third part,the writer has introduced the victim participation in different countries from different law system and different mode of criminal proceeding,so as to learn some experiences from other countries.In the fourth part,some of the scholars' opinion of reinforce the victim's participation in criminal proceeding has been reflected,and the disadvantages of the over-participation of the victims has been discussed.The fifth part provided what should be take into consideration if talk about the victim participation,based on the characteristics and principle of criminal procedure,the right of sue and the articles in law.In the last part,the writer came up with some thoughts of how to rationalized the victim participation:to insist the principle of limited participation,to reform the system of our criminal procedure so as to realize the articles in law,and to build a multiple solution system.