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Study on Security of the Victims’ Prosecution Rights in Censoring and Prosecuting Stage

Author: LuoNanJuan
Tutor: YangKeZhong
School: East China University of Political Science
Course: Legal
Keywords: censoring and prosecuting stage victims’prosecution right practice of prosecution conception to secure
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 59
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Abstract


Where there’re crimes, there must be relieves. After being infringed, the victims’vindictive and compensation mentality can be relieved and confined during the prosecution processes of criminal cases. In this process, the Prosecuting Organs is functioning as the main role of accusation with the victims’rights of taking revenge they own in their natural status gradually converted into the rights of participating. Hence, in the process of accusation, especially in the process of prosecution, it is of great significance in safeguarding the rights and interests of the victim to secure the exertion of such victim’s criminal procedural rights as the right to know and the right to be heard .This paper aims to explore the security of the exertion of victims’prosecution rights from the angle of prosecution.In Chapter One, situations about Application of Visiting System before Censoring and Prosecuting in Wuhu Procuratorate in three counties and four sections’Procuratorial Organizations from 2006 to 2009 are investigated. In addition, the significance in exerting the victims’right to know and the right to be heard are assessed, and the deficiencies are pointed out,such as narrow information, imperfect system to hear , absence of prosecution to provide relief . In Chapter Two, the thesis begins by the victims’prosecution rights in censoring and prosecuting stage, summarizing the existing problems in exerting these rights in practice of prosecution such as the absent security for the right to know and to be heard and imperfect legal assistance system ,and analyzing the legal and judicatory causes for such deficiencies.Chapter Three targets on investigating judicatory notion of protecting victims and legislation of victims’prosecution rights in other countries at the present age.On the basis of practical investigation, analysis and reference in the previous three chapters, Chapter Four proposes a sound conception to secure the exertion of victims’prosecution rights in censoring and prosecuting stage. Firstly, procurator judicatory notion should be changed.“A prosecutive framework of four parties”should be built to ensure that the victims can really participate and a rational prosecution notion should be set up in Procuratorial Organizations to balance the interests between the public and the victims. Secondly, the victim’s right to know and right to hear should be normalized in legislation, prosecution and relief, and the victim’s opinions should be classified, so as to realize the victims’prosecution rights’restriction over public prosecution. Consequently, the legal assistance system for victims can be perfected.

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