Research On Victims' Participation In Criminal Procedure In Major Personal Damage Cases

In the modern criminal justice system,the protection of the rights of criminal suspects has been paid close attention by the theoretical and practical circles,and the relevant systems are becoming more and more perfect.In contrast,the protection of the rights of victims,who are also parties,has attracted the attention of the criminal procedure system,but neither the degree of attention nor the effect of protection in reality can match the degree of protection of the rights of criminal suspects,nor their status as parties in criminal proceedings.Admittedly,the state prosecution doctrine is the mainstream of criminal proceedings in modern countries.Under such a mode,the prosecution function is controlled by the public prosecution organ,and whether the victim participates in it has little influence on the prosecution organ's performance of the prosecution function.National prosecutionism solves the problem of infringement of social order and public interests,but neglects the private demands of victims as direct victims of criminal acts.This may have little impact in general criminal cases,but in criminal cases where the victims' personal rights and interests(especially their personal rights and interests)have been seriously damaged,the huge gap between the urgent need of victims to participate in criminal proceedings and the dilemma of actual participation will make the contradiction between private prosecution and public prosecution more prominent in such cases.This is also one of the main reasons for the frequent participation of victims in alienation in recent years,such as petitions and petitions.Some opinions hold that the solution to this problem is to strengthen the right of participation of victims in an all-round way.However,some scholars worry that strengthening the participation of victims may further strengthen the strong position of the "prosecution",break the current balance of prosecution,defense and trial,and aggravate the predicament faced by criminal suspects.In addition,the current contradiction between the number of judicial cases and the number of people in our country is prominent.To strengthen the victim's participation in criminal proceedings in an all-round way will undoubtedly further increase the workload of judicial personnel.Moreover,not all the victims in the case have the will to participate in criminal proceedings,forcing the victim to participate,not only violates their subjective wishes,but also causes the waste of judicial resources.The author believes that the discussion of the victim's participation in criminal proceedings should proceed from the actual needs of the victim and the reality of our country.In the current situation that judicial resources are very scarce,it is neither practical nor necessary for all victims in criminal cases to participate in criminal proceedings in the same way.In fact,the willingness and appeal of victims in different types of cases to participate in criminal proceedings are not consistent.Compared with the victims in minor criminal cases or simple cases of embezzlement of property,the victims in major cases of personal injury often have stronger willingness to participate in criminal proceedings and more complex appeals.Their participation in criminal proceedings is more meaningful to promote the judicial organs to handle cases fairly.Therefore,this paper focuses on the victims in the criminal cases of major personal injury,and makes an in-depth study on the related issues of victims' participation in criminal proceedings in such cases,hoping to find a more targeted mode of participation,so as to meet the actual needs of victims and avoid emphasizing the damage control brought about by the comprehensive strengthening of victims' participation.At the same time,it saves judicial resources.The first part of this paper is about the basic issues of the victim's participation in criminal proceedings in major personal injury cases,including the definition of relevant concepts and the understanding of major personal injury criminal cases.It focuses on the particularity of the victim in major criminal cases and the value of his participation in criminal proceedings,and combines with relevant provisions.This paper expounds the reasons why the scope of discussion is limited to criminal cases of major personal injury.The second part of the article is about the current situation and limitations of the victim's participation in criminal proceedings in major personal injury cases.Regardless of the current legislation or judicial practice,there are some problems in protecting the victim's participation in criminal proceedings,especially in criminal cases of major personal injury.The third part of the article is about the prospects of the victim's participation in criminal proceedings in major personal injury cases in our country.On the basis of the foregoing analysis,combined with the current reality of our country and the common international practices,it puts forward relevant countermeasures and suggestions on how to guarantee the victim's participation in criminal proceedings in major personal injury cases.It should be pointed out that the emphasis on the protection of victims' right to participate in criminal proceedings in cases of major personal injury does not mean that the rights of victims in other criminal cases need not be guaranteed,but because the victims in cases of major personal injury have more particularity and need to be discussed separately.The author believes that the victims in other criminal cases should also be guaranteed their rights to participate in criminal proceedings according to law.