On The Ways And Limits Of Victims’ Participation In Public Prosecution Cases

In criminal proceedings,the victim,as the person who witnessed the case and the direct victim,should have been an indispensable and important participant in the proceedings.However,the victims have not attached the attention they deserve.In the traditional tripartite structure of criminal proceedings,the victims even do not have the position.In public prosecution cases in our country,the procuratorial organ exercises the right to prosecute on behalf of the victim,and criminals are held accountable.The victim can only be attached to the procuratorial organ,or even become a tool and object to investigate the crime.It can be seen that the current participation of criminal victims in litigation activities in China is not independent,incomplete,or sound.Judging from the current situation of the victim’s participation in public prosecution cases,there are impacts on the victim’s litigation status,litigation rights and other issues that affect its participation methods and participation limits.The victim’s participation method is so complicated that there is nothing to analyze it completely.The author classifies the victim’s participation method and limit issues through type analysis,and classifies the information through informed participation,court participation,and consultation participation.The victim’s specific participation in the criminal proceedings has been analyzed to a certain extent,reflecting the victim’s knowledge participation in the process of informed participation in the process of knowing the litigation process and case results,the criminal suspect’s status,limited access to informed assistance.In the process of the victim’s participation in the trial of public prosecution cases,there are overlapping and differentiated problems in the interests of the victim and the public prosecution agency,which leads to a certain conflict in the testimony during the court trial,and even damages the balance of the prosecution and defense structure.In participating in public prosecution cases,how can the victim’s wishes be absorbed into cases effectively and reasonably among leniency in guilty plea punishment and reconciliation cases,which pursuit of litigation efficiency without affecting the progress of the overall litigation process.To deal with the above-mentioned problems,the author believes that there must be a certain theoretical level of analysis of the participation of victims in terms of participation methods and limits.Fully recognizing the limits of the victims behind each method of participation,so as to carry out effective regulation,absorb the factors of the victims reasonably,which makes the litigant status of the victims can be guaranteed.