Study On The Victim’s Moderate Participation In Litigation Activities

In criminal cases,the victim,as a witness of the case and a direct victim,should have been an indispensable part of the litigation activity.However,the victims have never been given the attention they deserve.In the traditional three-party structure of criminal proceedings,the victims did not even have a place.In the public prosecution case in China,the procuratorial organ replaces the victim to exercise the right of action and pursues the criminal responsibility of the perpetrator.The victim can only be attached to the procuratorate and even become a "tool" for criminal investigation.It can be seen that the current participation of criminal victims in China in litigation activities is not independent,incomplete and unsound.From the current situation of victim participation in our country,there are some problems.The main reason is that although there are abundant provisions on victim’s right to participate in our country’s law,there is a gap between "legislation" and "justice" because of the scattered legislative provisions,the lack of key rights,the lack of specific system design and limited judicial resources.As a result,the effect of the victim’s participation in criminal proceedings is not good,which makes the victim have to seek other solutions,thus forming "alienation".In order to obtain satisfactory judgment results,the victim will choose such practices as letters and visits,publicopinion,using human relations,even demonstrations,threatening suicide and so on.Such actions not only affect the fairness and justice of the judgment results,but also seriously destroy the stability of social order.On the contrary,there are many advantages in the provisions of the victim’s right to participate in other countries and regions.Although victims in common law countries and regions do not have the status of parties,they are endowed with the right to participate in the procedure and to express their opinions through direct legislation.At the same time,the state,society and individuals will protect,rescue and compensate the victims outside the lawsuit,in order to make up for the insufficiency of the victims’ participation.The rights of victim participation in civil law countries and regions lie in the protection of litigation rights,which basically establishes the victim’s status as a party or quasi-party,and has a relatively comprehensive and complete system of rights of participation,including the right to know,the right to participate and the right to relief.Therefore,in view of the practical problems of victim participation in our country,we can try to build a model of victim’s moderate participation in litigation activities on the basis of drawing lessons from the beneficial practices and experiences of foreign countries and regions.This model takes the right to know,the right to participate and the right to influence as the core rights system.The three rights are the progressive and deepening relationship.The former right is the premise and foundation of the latter.Without the former right,the latter right can not be realized.In different types of cases,the main purpose of the victim’s lawsuit is different,and moderate participation of the victim should also have different emphasis.In different stages of litigation,the victim can play different roles,and the participation of the victim should have different depth.Finally,in the implementation of lenient system of confession and punishment,the moderate participation of victims is also essential.On the premise of not affecting the efficiency of litigation as far as possible,we should reasonably control the moderate participation of victims in the plea process.