Research On The Relief Mechanism Of Victims' Rights In Conditional Non-prosecution

In 2012,the Criminal Procedure Law of our country was formally established Conditional non-prosecution system.As for the relief of the victim’s rights in conditional non-prosecution,in the provisions of the current criminal procedure law of our country,although the victim’s right to put forward opinions and appeal is reserved,but for "conditional non-prosecution decision" and "test period non-prosecution decision",the victim can not file a private prosecution.Even after appeal,the victim still does not enjoy the right to file a private prosecution,which is a limitation of the victim’s relief rights in this kind of case compared with other provisions in the non-prosecution procedure that if the victim refuses to accept the non-prosecution decision,he can file a prosecution privately.However,as a relatively weak party in criminal cases,the victim has been infringed by illegal acts,so it is necessary to provide timely relief and make up for the loss.Therefore,it should be considered to strengthen the existing litigation rights of the victim in the conditional non-prosecution,and to give the victim other ways of relief,broaden the relief channels.This paper is mainly divided into four parts(the second and fourth parts are the key parts of this paper):The first part,combined with the characteristics of victims and their core needs,define the research scope of the victims’ rights relief mechanism in conditional non-prosecution.Based on the value basis of the victims’ rights relief mechanism in conditional non-prosecution begins to analyze,clear the functional settings of the mechanism.The second part,through combing the relevant specification,analysis the existing problems at the level of legislation and judicial practice:First,the provisions on the victim’s right to participate in the procedure,right to express opinions and right to appeal are not perfect at the legislative level;Second,the system of incidental punishment and help and education investigation in conditional non-pro-secution is inadequate;Third,the lack of diversified relief channels for the rights of victims.Besides,combined with the situation that the application rate of conditional non-prosecution is gradually increasing,clear the necessity and the urgency to further build specification.The third part,through the investigation of the international norms and related norms of the protection of the rights of victims outside the region,as well as Germany,Japan,China’s Taiwan region of the conditional non-prosecution system and the corresponding provisions of victims’ rights relief.Based on China’s national conditions,the successful experience can be selectively used for reference.For example,the reasonable expansion of the victims’ rights of relief,the clear provision of the victims’ rights of relief,considering the particularity of the minor case and the detailed provision of the conditional non-prosecution conditions and the differences of cases,for further improvement of the victims’ rights of relief mechanism of conditional non-prosecution in China to provide reference.The fourth part,based on the research and analysis of the first three parts,aims to solve the existing problems proposed in the second part.This paper puts forward some specific suggestions to improve the relief mechanism of the victims’ rights in conditional non-prosecution from the aspects of specifying the victims’ right to participate in the procedure,the right to express opinions and the right to appeal,perfecting the incidental punishment and the system of helping and teaching investigation,complementing and exploring the establishment of a pluralistic relief mechanism for the victims’ rights.