Research On Victims' Right To Appeal In The Perspective Of Criminal Reconciliation

The provisions of the criminal settlement procedure in the public prosecution procedure have been added in the criminal procedural law of our country in 2012.Under the system of criminal reconciliation,the exercise of the victim's right of action brings not only the influence of criminal responsibility,but also the civil liability.It can be said that the victim's right of action reached its peak in the criminal reconciliation,Therefore,we should not only study of public prosecution right of public prosecution,the defendant's right to defense,but also study to the victim's subject status is the premise of the right of action.On the basis of the criminal justice theory and the theory of action,it is the starting point to explore and discuss the systematic connotation of the victim's right of action from the view of the criminal settlement system.At the same time,through the study of the victim's right of action in criminal reconciliation,to improve the system of criminal reconciliation and the theory of the victim's right of action.Except the introduction and conclusion,this paper consists of the following main four chapters:Chapter one:the definition of the right of action and the victim's right of action.In this chapter,we introduce the traditional theory of modern right of action first,such as the theory of civil law right of action,the theory of public law right of action,the theory of civil and public law right of action.Then,based on the traditional theory of right of action,the paper abstracts the general connotation of the right of action.Finally,on the basis of the above theories,this chapter defines the right of the victim's right of action.Chapter two:types of victim's right of action.This chapter from the traditional right(right of action has both procedural and substantive connotation)of punishment,victims the right of action types to program the victims the right of action and the real meaning of the victim's right of action.In addition,based on the procedure of criminal procedure,the victim's right of action in different types of criminal procedure is carefully classified.Through the above two aspects to analyze the types of the victim's right of action,in order to lay the foundation for further study of the victim's right of action in criminal reconciliation in the next chapter..Chapter three:multidimensional analysis of victim's right of action in criminal reconciliation.In the first part of this chapter,to make clear and improve the right of the victim's right of action in criminal reconciliation.In the second part,through the value orientation of criminal reconciliation grasp,enrich the connotation of the victim's right of action in criminal reconciliation value;The third part analysis the special attributes of criminal reconciliation in the victim's right of action;This chapter analysis the criminal reconciliation in the victim's right of action from different aspects,make the content of the victim's right of action in criminal reconciliation more abundant.Chapter four:Construction of the protection mechanism of the victim's right of action in criminal reconciliation.Firstly,this chapter explicitly protects the victim have the right to know and the right to speak in the criminal reconciliation.Then,some ideas about the related mechanism of criminal reconciliation are put forward on the side of supervision and guarantee of the victim's right of action in the criminal reconciliation.In addition,the victim's right of action in criminal reconciliation subsequent stages connected with the other corresponding program.In the last part,to prevent the expansion of the victim's right of action in the criminal reconciliation,it puts forward the suggestion of setting up the abuse of the right of action.