Research On The Protection Of The Rights Of Criminal Victims From The Perspective Of Prosecution

The protection of the rights of criminal victims is directly reflected in the specific work of public security organs,procuratorial organs,courts and judicial administrative organs.However,in judicial practice,the protection of the victim's rights is out of balance with that of the defendant,and the protection of the victim's rights is insufficient.There are some common problems in the protection of the victims‘ rights among the public security,procuratorate,court and judicial departments,such as protecting the victim's right to know,right to participate,right to legal aid;meanwhile,some feature issues exist among those departments,take how the procuratorial organ safeguards the victim's legal rights through supervision for example.Holding judicial and criminal supervision functions,procuratorial organs play a unique role in the protection of the victims' rights.Therefore,this paper will discuss the protection and improvement of the victims‘ rights from the procuratorial perspective.This article is divided into four parts.The first part will make a clear definition of criminal victims,combined with the analysis of victims' litigation position and litigation rights in the criminal proceedings according to the Criminal Procedure Law of the People's Republic of China.Then the author will analyze the necessity of the victim rights protection from judicial justice,human rights protection,petition letter reducement,supervision and other point of view.The second part will discuss the current situation of the protection of criminal victims' rights in combination with the judicial practice of procuratorial organs.It will discuss the existing problems,besides analyzing the causes in the victims' right to know,right to participate,right to obtain compensation,judicial assistance,legal aid,and legal supervision of procuratorial organs.The third part will discuss the lawsuit rights and the specific measures for the protection of criminal victims in the United States and Japan.By using the comparative research to draw on useful foreign experience to enrich the exploration of the protection of victims' rights in China.The fourth part will combine the existing problems,causes and extraterritorial experience in protecting victims' rights,to make targeted recommendations for improving the protection of victims' rights in the procuratorate from the perspective of legislation,judicial concepts and judicial practice.