On The Protection Of The Victim's Right To Appeal In Criminal Proceedings

Procedue Justice is the etermal basic value of Criminal Litigation Law Compared with those ruled by law,the Criminal Litigation in our country has a"double imbalance"structure,both of the imbalance between public rights of national prosecution authority and private rights of the victims and private rights of the accused or the suspected persons,and of the imbalance between private rights of the victims and private rights of the accused.For ages,how to protect legal rights of the accused always plays an import role in our Criminal Litigation System.However,contrary to the efforts for safeguarding the accused,protections for victims in criminal litigation are much less,ambiguous and implicit.Furthermore,the so-called objective judicial interpretations which mainly focus on literal meaning,preclude victims from seeking relief through criminal as well as civil procedures.It is quite inequitable to victims and their relatives who suffered pains of body and mind as well as economic losses but with no or almost no fault.Victim,on the one hand,is directly influenced by results of the criminal cases as he is suffered directly from the malefaction;however,on the other hand,he is also the first witness of the alibis,whose representations correspondingly plays a very important role in proper prosecution by the prosecution authority.Therefore,how to appropriately understand the litigation rights of victims in criminal litigation is extremely important for us to rationalize the relations between the prosecution authority and the victims,and to protect legal rights and benefits of the victims.Thus,starting from the justice and objectivity of existence of victims'litigation rights,it is suggested to balance the protection for the accused and the victims in criminal litigation by adopting efficient protections to victims by foreign countries for the purpose of achieving the compatibility of criminal and civil laws,and the compatibility of duty accused and rights relieved in order to materialize the Justice of Law.