The Research Of Victim's Rights Guarantee In Public Prosecution Case

At the beginning of the 1960s, As the world human rights movement in the boom and the rise of criminal victims, Strength and protect the rights of victims which is becoming the consensus of countries around the world and also is becoming the world criminal judicial reform important content. All kinds of active measures and methods are taken by countries all over the world, So as to make criminal victims rights protection unprecedented upsurge. In our country the criminal vitims protection is paid more and more attention by people which is in the theoretical study and also judical pratictical field.Meanwhile, The legislation also constantly strengthened and consolidated.1996 revised "the criminal procedural law" which was revised in 1996 also gave homicide victims legal status of the parties. The procedural position of the criminal victims was strengthened, At the same time the specific rights is also improved steadily.But, in the protection of victims' rights we should also be aware of our strive which is compare with United Nations treaty and the laws of developed countries is still not enough, We should make efforts in order to strength and perfect the later legislation. Based on the homicide victims rights from the perspective of a case of public prosecution, the victim of the definition, homicide victims legal status of historical evolution and strength homicide victims rights, adopted the significance of empirical research and comparison, fusion theory analysis and practice discrimination at an organic whole, key around homicide victims rights theory basis, the major developed countries, the actual law legislation present situation and the insufficiency and the perfection of the legislation of our country, to perfect our country homicide victims rights puts forward some advices.This paper is mainly divided four parts:The first part Outlines homicide victims rights theory status, including the definition of homicide victims, homicide victims legal status of historical evolution and strengthen homicide victims the right guarantee, the significance, and so on, mainly to the homicide victims rights are summed up a theoretical analysis and a case of public prosecution, in order to safeguard the rights of victims and a more objective knowledge and master.The second part of main developed countries from introduction about homicide victims rights in the current legislation, are briefly introduced start main developed countries to the current law, main developed countries after the current law, so as to give foia perfect our country homicide victims rights brings revelation and inspiration.The third part of our country from homicide victims rights legislation present situation of the comprehensive introduction, introduced in our country homicide victims rights on the basis of the present legislation, pointed out that our country homicide victims rights problems and deficiencies, and analyzes the causes, hoping to find our homicide victims the crux of the right guarantee.The fourth part to our country homicide victims rights bring forward comments and Suggestions of perfecting. Based on China's current legislative and judicial status as the basis, the legal theory especially theory of criminal procedural law and supported by empirical analysis and comparative analysis method, the logic of a proposed for perfect our country homicide victims rights advice.