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Discusses the Victim Appeal Right of Public Prosecution Cases

Author: ChenLing
Tutor: HuXiaoHua
School: Xiangtan University
Course: Procedural Law
Keywords: Public prosecution case Victim Right of appeal
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 29
Quote: 0
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Abstract


As one of the hot issues discussed in law circle, the legal status of and protection and salvation of victims, such as how to protect their legal right, is a task that should be treated seriously and hardly solved. Comparing with the improving of the defendant’s status in litigation, the status of victims in criminal lawsuit has no substantive change. Chinese traditional criminal procedure theory considered that litigious right was exerted by the state instead of victims, thereby victims has only been endowed with protest claims which will not cause the Second Trial Procedure necessarily. And in the practice of judicial actions, the protest claims will not be guaranteed and implemented feasibly. As the litigants, criminal victims have no right of appeal, which leads to no available assistance when their rights were disturbed. The reason why the rights of the victims were neglected for such a long time is that the vital role of victims was ignored. In actual fact, the appeal right which the injured enjoys, related with not only their dignity, but also the justice of judicial procedure and the efficiency of the lawsuit, even the order of the whole society. Guaranteeing the criminal victim’s appellate right accords with the developing trend of criminal suit, while the right of appeal is the victim’s interests. In this thesis, the author made an effort to analyze the legislation shortcomings in criminal procedural law and the dilemma in the judicial practice. Additionally, the author tried to discuss the value of appeal right which was endowed with the victims in case of public prosecution and its relevant issues such as how to deal with the problems which may occur if the victims are given to the right of appeal, and to give the initial design about how to exert the right.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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