Study On The Right Of Criminal Victims To Participate In Litigation

In recent years,the reform on criminal justice,successively carried out criminal s peed cutting program,the criminal case about strict provisions on some issues of excl uding illegal evidence,the starting point is to protect the rights of the defendant,impr ove judicial efficiency,even 2018 promulgated by the amendment to the criminal pro cedure law is not related to modify the content of the criminal protection of the rights and interests of the victim.It can be seen in the reform process involved in the crimin al victims litigation rights of the relevant provisions are very few.The rights of criminal victims are not paid attention to in the legislative level,an d there are many problems in the legislative provisions and judicial practice,such as t he delay in informing the right to know from the investigation to the execution stage,and the lack of the right of sentencing recommendation and the right of appeal in the t rial stage.Especially in the issue of whether to grant criminal victims the right to appe al,the academic debate,opponents believe that in the current powerful prosecution of the prosecution of the prosecution of criminal victims,the right to give criminal victi ms is bound to impact the structure of criminal proceedings,damage the interests of cr iminal victims;Those who support it think that the right of appeal will not impact the structure of criminal procedure,but also be beneficial to the protection of personal leg al interests.The academic dispute over the views and the protection of the rights and i nterests of the accused lead to the difficulty in effectively exercising the right to partic ipate in the proceedings of criminal victims in practice,and the victims fall into the sit uation of "difficult to know,difficult to Sue and difficult to protect their rights".The effective exercise of procedural rights is the cornerstone of the realization of substantive rights.Therefore,based on the current legal provisions,and combined wit h the specific problems in judicial practice,this paper analyzes the current stage of the criminal victim’s right to participate in the litigation of the shortcomings,to improve t he criminal victim’s right to participate in the litigation put forward some Suggestions.The first chapter elaborates the concept of the criminal victim’s right to participate in the proceedings,clarifies the detailed connotation of the object of this paper,and elucidates the necessity of protecting the criminal victim’s right to participate in the proceedings,The second chapter based on the current legislation on the criminal victim’s right to participate in the relevant provisions,and combined with the lack of judicialpractice,summed up and analyzed the criminal victim’s right to participate in the proceedings in each stage of the problem,The third chapter introduces the relevant provisions of the criminal victim’s right to participate in the proceedings of the two legal systems by using the comparative analysis method and briefly analyzes the enlightenment to the improvement of the criminal victim’s right to participate in the proceedings of our country.The fourth chapter,based on the issue of criminal victims’ right to participate in the proceedings,and referring to the relevant overseas provisions,from each stage of the criminal proceedings,puts forward Suggestions to improve the criminal victims’ right to participate in the proceedings.