Research On Criminal Victims' Litigation Rights

We will advance the rule of law in all respects,strengthen judicial protection of human rights,and ensure that the people feel fairness and justice.With the deepening of the reform of the judicial system,China has once again revised the criminal procedure law.The revised target is relatively clear,mainly in the supervision system,corruption and bribery crimes and other defendants in default judgment to improve.For the protection of the litigation rights of criminal victims,this amendment does not involve,but there are still big problems in judicial practice.This paper mainly focuses on the victim's exercise of rights in criminal proceedings,combined with the problems in judicial practice,so as to strengthen the protection of the legitimate rights and interests of criminal victims.This paper is mainly divided into four parts:The first part is an overview of the theoretical basis of the litigation rights of criminal victims.It is not only legitimate but also necessary for victims to enjoy litigation rights.First of all,the protection of human rights requires the protection of the legitimate rights and interests of litigants,including the victim,which provides a legitimate basis for the exercise of the victim's rights.For the punishment of crimes,the victim's participation in the criminal proceedings to safeguard their own rights and interests,at the same time,can provide important clues for the procuratorial organs,is conducive to the prosecution of criminal ACTS,to achieve judicial justice.In the construction of a country ruled by law,it is necessary to constantly strengthen the protection of the victims' litigation rights in legislation,prevent the abuse of thepower of public prosecution in practice,effectively supervise the exercise of the power of procuratorial organs and courts,and promote the continuous improvement of the criminal procedure law.The second part mainly analyzes the legislative provisions of the litigation rights of criminal victims and the problems in judicial practice.The rights of the victim include substantive rights and procedural rights.The maintenance of substantive interests needs the assistance of procedural rights,which are the relationship between ends and means,and procedural rights have their own independent value.Our country has carried on the detailed stipulation to both in the legislation,but still has met some questions in the judicial practice,for example in each lawsuit stage right to know as well as the sentencing suggestion right and so on.The exercise of the right to know is not effectively guaranteed,which affects the subsequent exercise of a series of rights to participate in the trial,as well as the victim's different views on the right to appeal.In the practice of judicial organs in varying degrees have ignored the role of the victim in the litigation procedure,investigate its reason,the traditional lawsuit idea is on the one hand,purely punishing crime is not the only purpose of justice,but some of the judiciary still only pay attention to the criminal responsibility shall be investigated for criminal judicial personnel's professional quality and ability to work also affect the rights of the victim moving.The third part mainly to some foreign countries regarding the criminal victim right stipulation inspection.Under different trial modes,each country has its own characteristics.In countries with authoritarian models,such as Germany and France,the victim can participate in the proceedings as a party,although in France as a civil party.In the mode of litigant doctrine,victims usually participate in criminal proceedings as witnesses.Under the mixed doctrine mode,Japan also has its characteristic quasi-prosecution system.No matter what trial mode is adopted,the protection of the rights and interests of the victims will be constantly strengthened in the end.The fourth part puts forward corresponding suggestions for the problems in legislation and practice,mainly for the improvement of litigation rights and thesupplement of relevant supporting mechanisms.In terms of litigation rights,the first is to protect the victim's right to know.Judicial organs should conscientiously fulfill the obligation of informing at different stages to ensure that the victim knows the handling of the case in time so as to effectively participate in the subsequent proceedings.Secondly,the victim's right of statement and sentencing suggestion should be guaranteed to fully express his opinions,both in the way of execution and in the scope.In the lenient system of pleading guilty and pleading punishment,the right to express opinions and raise objections of victims should also be guaranteed,and corresponding legal aid should be provided to victims so as to help victims obtain timely relief after being infringed.