Research On The Rights Protection Of Victims Of Public Prosecution

Personal,property and other rights of the victim in the case of public prosecution by the crime,under the "country" public prosecution system,the infringement is summarized and promoted to the social public order,national prosecution replaced the individual prosecution,formed a "control-debate-" review three combinations,controlled trial separation,form against defendant,center the pattern of the referee,a judge and the victim of criminal public prosecution,except in the case where the civil suit collateral to criminal proceedings,are excluded from the combination of the lawsuit,act as the role of a "evidence".Criminal trial is more focused on the accused is guilty or not guilty,SINS light or heavy,and on the other side of the powerful country public prosecution against the defendants' human rights,but ignore the rights of the victim protection,it has violated the law fairness and justice.The victim should be taken seriously in the position in litigation,the litigation participation,right to know,procedural justice perception of power,the right of appeal,won the country a certain degree of relief right and other rights also should draw high attention,from crime should be destroyed the original order maximum recovery.In this article,through analysis of the victim in the case of public prosecution,the victim's death,as their relatives have the victim lawsuit status)in criminal proceedings the role in the process of evolution,comparative examination of extraterritorial criminal litigation rights of the criminal case victim mechanism,combined with our country link of each historical stage of development and the criminal litigation procedure in criminal cases the victim rights be guaranteed degree,based on the grassroots judicial work practice,through concrete cases,trial stage as the breakthrough point to analyze the victim in the case of public prosecution rights legislation and judicial practice value choice,so as to expound on the victim in the case of public prosecution in the trial procedure of legislation and legal entity rights protection of the rights of legislation creating the point of view,put forward feasible Suggestions to the most scientific and reasonable protection of the rights of the victim,to avoid the cause of the victim in criminal procedure "the second damage",to prevent the victim rights and status for neglected and induce the homomorphism revenge heart inflation,thus more serious illegal and criminal,ensure to punish crime and crime prevention,criminal suit to protect people's purposes.