Research On The Construction Of Victim Representative Litigation System In Stakeholder-type Economic Crimes

Stakeholder economic crime is a crime with great social influence and great harm,which brings difficult problems to criminal justice.The lack of victim's subject status under the traditional tripartite litigation structure is reflected in the low rate of victim's participation in trial,the delay of litigation and the difficulty of substantive relief.In recent years,the practical exploration of victims' representatives participating in litigation has made the protection of victims' right to participate pay attention to,and also provided a solution to the problem of how many victims participate in litigation in stakeholder economic crimes.This paper attempts to introduce the victim representative litigation system in the process of dealing with stakeholder economic crime cases,and consider the influence and challenge brought by the system through the concrete operation in practice and the reference to the relevant system of civil action.This paper is divided into five parts:The first chapter analyzes the current situation of victim rights protection in stakeholder economic crime.The reasons behind the low rate of victim's participation in trial,the delay of litigation and the difficulty of substantive relief are the imbalance of the traditional tripartite litigation structure,which leads to the absence of the victim in the litigation procedure.The second chapter discusses the necessity of victim representative litigation system in stakeholder economic crime.At the same time,the system promotes substantive justice and procedural justice,achieves the purpose of litigation economy,and brings the effect of social harmony.The third chapter demonstrates the feasibility of the victim representative litigation system.The regulations of "victim representative" in court investigation rules,the subjective value of victim,the operation in practice and the reference to civil action system all show that the construction of victim representative action system is feasible in theory and practice.The fourth chapter discusses the dispute of constructing the victim representative litigation system,which is divided into two levels: practice and theory,and discusses and analyzes whether the participant should be regarded as the victim,whether there is a value conflict between the victim and the public prosecutor,whether the victim's participation in the litigation will lead to the imbalance of the litigation structure and the challenge to the criminal law and criminal law theory,so as to lay the foundation for the concrete construction of the system.The fifth chapter expounds the suggestions and reasons for the construction of the victim representative litigation system,and starts from the orientation,basic principles,concrete design and related supporting mechanism of the victim representative litigation system.By referring to the extraterritorial system and the representative system of civil litigation in China,combined with the characteristics of stakeholder economic crime,this paper puts forward a concrete and feasible scheme for the construction of criminal victim representative litigation system.