Study On Victims' Right Of Appeal In Public Prosecution Cases And Its Limitation

With the continuous development of the international human rights movement,the protection of the rights of criminal defendants in various countries of the world has become more mature.The typical sign is that many countries have established relatively complete rules for excluding illegal evidence.However,in order to balance the interests of victims and defendants,since the 1950s,contemporary international criminal legislation has gradually stepped up the protection of victims' rights and promoted the criminalization of victimization as a development trend.Therefore,criminal procedural laws in more and more countries clearly affirm the legal status of victims as litigation parties.Since the revision of the Criminal Procedure Law in 2012,China has adapted to the world trend of protecting the human rights of victims and endowed the victims and defendants with the same status as the parties involved in criminal proceedings.This is a significant step forward in China's criminal procedure legislation.However,there is also a relatively obvious flaw.The amended Criminal Procedure Law only gives the victims of public prosecution cases the right to protest and does not grant their right of appeal.In this context,the theoretical dispute between our academic circles on whether to grant the right of appeal to victims of public prosecutions is intensifying.However,there are basically two kinds of opinions about whether or not to grant the right of appeal to victims in public prosecutions in our country:one is to affirm the opinion that the right of appeal to victims of public prosecution cases in our country should be given the right to appeal;the other is to disagree with the condemnation granted to our country Victim appeal in public prosecution cases.And both views give their own reasons.In the case of public prosecution,it is inevitable to give victims the right to appeal the direction of the development of criminal proceedings in our country.This is because it is indeed necessary to give the right of appeal to the victims of public prosecution cases in our country from the perspectives of equality,power constraints and procedural fairness or from the perspective of the protection of human rights and the development trend of criminal proceedings.of.Moreover,it is impossible for the right of appeal to victims in public prosecution cases in our country's criminal procedure law to impact on the "principle of appeal without penalty of punishment"and the legal relationship between the existing criminal procedure structure and the trial trial will not be changed or even lead to litigation Reduced efficiency.Therefore,from these three aspects,we can draw a negative opinion that should not be given to the victims of public prosecution cases in our country the reasons for the appeal is difficult to set up,that is to say China's criminal procedure law gives us the right to appeal the victims of the prosecution case is feasible.However,taking into account the special nature of the nature of the public prosecution case in our country,the limitations of the victim's prosecution of the crime itself,the current state of the judicial resources in our country,and the prevention of the abuse of the right to appeal by the victim and the balance of the relationship between the victim and the defendant,China's current There is no legislative environment for establishing the right to independent appeal of victims of public prosecution in the domestic criminal procedure law.Therefore,establishing the limited right of appeal for victims in public prosecution cases in our Criminal Procedure Law is the result of considering various factors.The center of establishing the limited right of appeal for the victims of public prosecution cases in our country is that the victim has already filed a protest request to the People's Procuratorate of our country and the procuratorate has given him the right of appeal without protesting.Moreover,it puts forward the procedural design of building a limited right of appeal to victims of public prosecution in our country closely around this core content.Emphasis should be placed on setting preconditions for the exercise of the right to appeal of victims of public prosecution,setting up a review mechanism for the filing of appeals by public prosecutors of victims,procedures for regulating the exercise of the right of appeal by victims and the burden of proving the burden of prosecution for victims of public prosecution,and determining the effectiveness of the appeals of victims.The five levels are the main contents of the procedure for constructing the victim's limited appeal in the public prosecution cases in China.In addition,in order to successfully implement the system of limited appeal rights for victims in public prosecution cases in our country,China's "Criminal Procedure Law" should mainly proceed from three aspects:the establishment of a victim investigation report system,the establishment of a victim legal aid system and the protection of victims' right to know criminal procedure.Establishing and perfecting the related supporting system of the victim's limited right of appeal in the prosecution case.