On The Protection Of Criminal Victims' Rights

The crime is a kid of most serious social conflict. As a solution to social conflict, the criminal prosecution covers three parts of benefits: country, the victim and the accused person. are opposite sides in the criminal prosecution. The country legislation entrusts with the corresponding procedural right to them, in order to defend their respective entity right not being illegally invaded. But for a long time, regardless of fundamental research or legislative work, all take protecting the accused person's legitimate rights and interests as the center. The victim and the accused person should be in the equal legal status, but in fact they have never enjoy the equal rights. Especially in the public appeal case, although people mention the small power of the accused person, they neglect the victim who under the cover of the appeal institution power and influence have independent lawsuit request, so the victim always can't expresses their ideas fully. The second world war caused the victim study to sole out and to develop quickly. Improving the lawsuit status of the victims and emphasizing the protection of the victim right are important topics an the law of criminal procedure research. But in our country ,as the fundamental research and the system construction of the victim's right protection are both restricted by several reasons, it still has a long way to go compared with foreign countries. This article has mainly studied how to effectively protect the association and the natural person in who have been violated directly or indirectly in the general criminal appeal case. The author proposed a series of tentative plans relating to our country the author suggests the protection to the criminal victim should persist protecting human rights first and carry on the omni---directional safeguard in the content and stage of victim lawsuit right protection. The vital thing in protecting victim's lawsuit right is to guarantee the victim has the real status as a Genuine Litigant, not only the "Genuine Litigant" in the paper, but enjoys each right as litigant in practice. In the suit procedure, mainly includes the right to sue, the lawsuit requested power, rights to get rid of second invading, the independent appeal right, at the same time, we should emphasize on the establishment and consummation of the victim country compensation system and the social rescue mechanism to protect the legitimate rights of the victim.