Research On The Representative Action System Of The Victims In Stakeholder Crimes

The modern criminal procedure focuses on the suspect and the defendant,and the victim has been marginalized intentionally or unintentionally,especially in the trial of the stakeholder crime case,the victim’s litigation status has been weakened is an indisputable fact.Due to the large number of people involved in the case and the complexity of the case,it is difficult to remedy the substantive rights of the victims,and procedural justice is also fading away due to the special nature of the case.The efficiency of litigation is slow,the judgment is not well received,the victims’ dissatisfaction with the judicial authorities is rising day by day,and mass incidents also occur from time to time.In order to protect the litigation rights of the victims involved in crimes and balance the relationship between the victims and the judicial authorities,this paper proposes to improve the representative litigation system of victims in our country based on the representative litigation system of civil action and the characteristics of criminal litigation,so as to achieve the efficient trial of cases involving people,and build a platform for communication between the representative and various parties.Make it possible for many victims to participate fully in the proceedings.This paper consists of the following five parts:The first part starts with the system analysis,centering on the difference and connection between the victim representative litigation system and the representative system of civil litigation,proposes the possibility of using the representative system of civil litigation for reference in criminal litigation,and at the same time,it should consider its particularity in combination with the characteristics of criminal litigation.Summarize the legal status of each litigation subject and clarify the relationship between the litigation representative and other litigation subjects,and the scope of application of the victim’s representative litigation system is limited to the economic crimes involving stakeholders,based on the practical needs of protecting the victim’s entity and litigation rights in such cases and maintaining social order.The second part adheres to the problem-oriented approach,takes case study as the basic method,and analyzes the feasibility of the system in both legal level and judicial practice according to the criminal judgments of first instance applicable to the litigation on behalf of victims from 2013 to 2022 retrieved on the Internet of China’s judicial documents.And statistical analysis of the application of the system of the types of cases,representative participation,and representative litigation system of low application rate of the reasons.The third part analyzes the practical value of applying victim representative litigation system in stakeholder crime from three aspects: realizing victim group participation,strengthening victim litigation influence and improving the efficiency of stakeholder crime litigation.It provides theoretical support for the improvement of the victim representative litigation system.The fourth part focuses on the examination of extraterritorial systems.Although criminal litigation and civil litigation belong to different litigation fields,there is consistency in the pursuit of litigation effectiveness between the two,and this paper summarizes its inspiration for improving the litigation system for victims of crowd-related crimes in China by analyzing the characteristics of different and representative group litigation systems in the United States,Japan and Germany.The fifth part of the system to improve the main line,combined with the characteristics of China’s criminal litigation,and put forward specific proposals to improve China’s crowd-related crime victim representative litigation system.Standardize the mechanism for the generation of litigation representatives,establish a unified announcement procedure by the public security organs,and add the way for the procuratorate to recommend litigation representatives;clarify the scope of the rights of litigation representatives,including the litigation rights and substantive rights of litigation representatives,and discuss whether the actions of litigation representatives have effects on the late victims by situation;add a safeguard mechanism for litigation representatives,including supervision and incentive mode,and the incentive mode can be be achieved through both priority reimbursement and higher percentage.