피해자가 공소절차에 참여하는데 관한 연구

In modern Society, the Victim’s right to participation in public prosecution procedure has its deep connectional foundation. It is the basic requirement of the respect of victim’s rights in the international society and also the requirement of the restorative of justice. But in different models of criminal procedure, the extent and way of the participation are different. The China’s criminal procedure law gives the victim the party status and many procedural rights in public prosecution procedures. However, the most important rights which may influence the procedure, such as the right of appeal, are strictly limited. In fact, the party status of the victim is in name only. In order to avoid the victim’s right to participation are override emphasized, China’s criminal procedural law should call off the victim’s party status, make him a kind of special participant and give him proper participation rights.