Victims Of Criminal Prosecution Right Of Appeal

In the field of our country's criminal procedure, today's academic research concentrates on the guarantee of the defendants' related rights in the process of the proceedings, and the construction and formulation of related structures, etc. In obvious contrast, in the process of criminal lawsuit, theorists haven't paid adequate attention to the guarantee and remedies of the victim's legitimate rights. The researches are not thorough enough, so the law-executing body doesn't have adequate theories to support their work. As a result, the remedies of the victims are not very deep, especially in the field of public-prosecuting cases. The deficiency of victims'right to appeal is a major default of our country's criminal procedure. This right has not been protected, even valued to a proper extent. Based on this situation, the results of other scholars in China, and successful foreign legislative cases, in this thesis, the author has done some research and discussion on victims'right to appeal. This thesis combines some hot issues in judicial practice and the author's own understanding from daily study. Through this thesis, the author hopes to attain more profound cognitional and academic fruits.This thesis, except for Preface and Conclusion, systematically analyzes and discuss the victims'right to appeal in public-prosecuting criminal cases from the following parts:The first part is an overview of the victims'right to appeal in public-prosecuting criminal cases. In this part, the author introduces the victims'right to appeal from the aspects of concept, nature and function, etc. The thesis extends on the basis of concept nature, and function, combining some major viewpoints of today's academic field. This structure has two purposes: one is to illustrate a main ideas of the victims'right to appeal; the other is to lay a theoretical foundation to further study.The second part is an analysis of the current situation of victims'right to appeal in our country. This part starts from the legal status of victims in our country's judicial practice, and analyses the reasons why the law does not give victims the right to appeal, and the dilemma in judicial practice caused by this situation.The third part is the elaboration on the necessity and feasibility of whether endow the victims the right of appeal or not.Combined with the second part,from practice and theoretical, analysis the influence to criminal procedure and relevant principles when endowing the victims the right of appeal.Then reach the conclusion that we should deal with the right of appeal reasonably,we can not decide whether endow the right or not arbitrarily. We should synthesize it from a global perspective ,combine with other criminal procedure systems,to make the equilibrium between the rights of victims and the defendants,and the rights of the society and state.The fourth part is system structure on vcitims' right of appeal.The part integrate the mature foreign legislations and the reason judicialpractice in China,arrive the conclusion about how to design the system of endowing victims with the right of appeal,and hope it play a positive role in forming victims appeal system with Chinese characteristics.To sum up,through the research of victims' right of appeal,we are able to better legalize and rationalize it,as well as combating crime and ensuring human right. Only based on this can our country's criminal procedure be polished, as well as ensuring parties' legal right, keep the society harmonious and steady, remoting the rule of law nation-building.