A Study On The Perfecting Of The Rules Of Victim Participation In Public Prosecution Cases In China

The British scholar Duff once said that whether the judicial decision to achieve justice,and the formation of the process of justice is intrinsically linked,that is,the quality of the judicial decision will be damaged by unreasonable procedures.The theory of procedural justice is the first to rise in the west and occupy the mainstream procedural law research field,which shows that criminal justice has a new standard including procedural justice: to make the person directly affected by the criminal judgment personally participate in the process of producing the result,to give him the opportunity to express and debate,to prove the basis and reason of the judicial decision in a transparent process,so that he becomes a rational subject.Only then would the decision be more acceptable legitimacy and stability.Criminal justice,as an important means of investigating crimes and maintaining social order,is an invincible punishment for crimes under the intervention of public power after the state has established the public prosecution procedure to elevate the criminal behavior to the infringement of public legal interests.The public prosecution case has long been regarded as the dual confrontation between the state and the prosecution party,which can not resist the power of the public power of the state and has the risk of improper infringement of the legitimate rights,so the rising concept of human rights protection in modern times has prompted legislators to pay attention to the interests of the prosecution party in the litigation.Every major reform of the criminal procedure system,both within and outside the country,is considered with great care Theimpact on the party being prosecuted has been constantly given the right to sue and various mechanisms have been established to protect it.However,the victim,the subject,was marginalized without due judicial attention,and the status of litigation was more awkward.As a party closely related to the prosecution case,the victim lacks effective participation in the prosecution procedure,which makes him question the fairness of the decision.In addition,as the theory of criminal procedure mode,which is represented by Parker's classical dichotomy,the theory of criminal procedure mode is limited to the limitation of the vision of the times and leaves the victim behind,which makes the improvement path of public prosecution process ignore the victim's litigation right for a long time.These Unbalanced judicial status,with the concept of human rights protection in the world recognized and the rise of victimology and victim rights protection movement,began to be criticized.The legislation of criminal procedure in our country is also being revised,the victim begins to be given the qualification of the party concerned,and its participation in the lawsuit also has a more suitable subject position.However,not only the definition of victim in legislation is still vacant,but the concept of theoretical circle also leads to the lack of clear guidance of practical relief.Moreover,the traditional three-function theory in the theory of litigation function also lacks the examination of the function that the victim,the subject,can play,which leads to the practice community usually only regard it as the prosecution witness attached to the prosecution organ.The victim has the natural demand and the theory motive force to participate in the public prosecution,and the participation contains the judicial value is diverse,but these are not in the present process A positive response has been received in the order norm,not to mention the fact that many voices of doubt are still opposed to the right to procedural participation granted to victims.Victims are not only easy to be neglected and forgotten,but also vulnerable to "secondary injury" caused by procedural injustice.The existing litigation rights scattered in the legal texts not only appear insignificant,without the assistance of other supporting mechanisms,the victims are even weaker.This article is based on the protection of human rights,procedural justice,combined with typical cases,pay attention to the victim's procedural participation in public prosecution cases in China.From the meaning principle of the victim,explain the characteristics,then from the historical dimension to examine the historical evolution of the victim's litigation status,and summarize the victim's due litigation functions.By combining the theory of mode,this paper tries to classify the mode of litigation from a new perspective from the main nature of leading litigation and the mode of victim participation,and demonstrates the theoretical charm and the needs of the times of the third mode of victim participation in public prosecution.Through empirical investigation,the actual meaning of victim participation in litigation is extracted from typical cases To summarize the lack of participation in several judicial stages.And through the comparative law to examine the extraterritorial relevant legislation experience,obtain feasible reference.Finally,some suggestions are put forward to improve the rules of victim participation in public prosecution cases.Finally,it is expected to construct the rules and mechanisms for the participation of victims in the public prosecution,which is more in line with the requirements of procedural justice and the concept of human rights in litigation.