Study On The Rights Of Victims And Its Safeguard In The Criminal Procedures

Since long ago, the research of criminal legal science has focused on the side of criminals (injures side), not on the side of victims (suffers injury side). In a certain way, the continual growth of crime quantity has indicated that there are something wrong in the criminal policies and theories of the criminal legal science which concentrate on criminals and potential ones. It is no doubt that the analysis of crime issues from being injured and victims has already become the development tendency of the current criminal law research in most countries. This research method will bring a lot of impact on traditional criminal law theories. Therefore, it is necessary to carry on a profound reconsideration to the criminal law theories in China. The legal status of victims and their protection issues are hot topics of current academic discussion. So many scholars in the criminal law,the criminology,the criminal prosecution legal science have all given the great attention to it, and it has become a new academic growth spot.The research on being injured has already been done more than 100 years but our country is still in an early stage. Moreover, in some recent criminal cases, lawsuit rights of criminal victims have not been safeguard. They not only have not obtained the legal protection, but also suffered"the second violation"in the lawsuit process in certain degree other than the damage that they have got in crimes. The current situation of victims has caused widespread interests and the arguments in society. It is imperative that our country steps up to the lawsuit right research of victims and their safeguard.The author first analyzed and compared the concepts, the sources and the current situations of the lawsuit rights of victims in a world scope. Through that and the foreign experiences that have been considered, we can design a lawsuit right system for the victim, which conforms to the reality and will not change the current legal system a lot. At present many domestic scholars have debated a lot on whether the appeal right, the legal assistance right and the participating penalty stage right, etc should be given to victims or not. They are also trying to figure out a possible way to establish a national compensation system for victims. As the consideration of the author, the point of the argument should not concentrate on whether we should establish these systems, but on how to design them.