Research On The Victim’s Right Of Action In Criminal Cases

In modern times,the protection of human rights advocated by the criminal justice reform is mainly aimed at the accused,and focuses on improving the status of the accused in criminal proceedings.With the continuous development of society,how to allocate the victim’s right of action in criminal proceedings not only conforms to the development trend of the international human rights movement,but also reflects the fairness level of the national judicial system.In China,criminal victims are given the role of parties,but from the judicial practice,some names do not match.The protection of criminal victims’ right of action is the due meaning of criminal justice,which should fully protect their legitimate right of action.It is also the development trend of human rights protection in the world today.This paper discusses how to guarantee the realization of criminal victims’ right of action through five parts.The first part is the introduction.On the whole,there is one sidedness in the research of criminal victim’s right of action by Chinese scholars.It is very necessary to focus on the research of criminal victim’s right of action and bring it into the whole right system of criminal victim,and briefly point out the existing problems of criminal victim’s right of action,so as to pave the way for the following.The second part is an overview of the criminal victim’s right of action.This part mainly studies "the connotation of criminal victim’s right of action","the legislative background of criminal victim’s right of action" and so on.This paper briefly discusses the current situation of criminal victims’ right of action in China under the international environment,and points out that more and more countries focus on the status of criminal victims in litigation,and increasing the protection of criminal victims’ legal right of action has become the common trend of all countries to improve the litigation law.The third part is the current situation and problems of criminal victims’ right of action.In order to balance the interests of the prosecutor and the accused,countries begin to pay more attention to the protection of the criminal victim’s right of action.Then from the three angles of "the criminal victim’s right relief is not perfect","the criminal procedure structure has limitations","the criminal victim’s right to sue exercise is not perfect",this paper expounds the problems existing in the criminal victim’s right to sue.From the theoretical and judicial practice level,the imbalance between the criminal victim and the suspect and defendant needs to support and protect the victim in theory and concrete system.The fourth part is the general situation of the legislation of the right of action of foreign criminal victims and its enlightenment.By discussing the protection of the victim’s right of action in foreign countries and comparing with the various defects in the protection of the victim’s right of action in our country,this paper analyzes the points worthy of our consideration and reference in the criminal justice system of various countries,so as to improve the protection of the victim’s human rights in our country.The fifth part is the protection and improvement of criminal victims’ right of action.This paper discusses from the aspects of "legislative perfection","giving the victim the right of appeal","regulating the abuse of the right of appeal".To explore the feasibility of giving the victim the right of appeal from the constitutional level,we should make up for the lack of legislation of the criminal victim’s right of appeal and increase the channels to guarantee the implementation of the right.