What is the victim's status in criminal proceedings? The status given to the victim as a litigant in criminal proceedings has undoubtedly improved the victim's litigation status at the legal level. However, in judicial practice or social reality, whether it can effectively improve the victim's litigation status and effectively protect the victim's rights is still a big problem that needs comprehensive research. Parties refer to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil actions. The victim was listed as a party for the first time. Scholars have different views on this provision, basically there are three different views: First, the basic affirmation theory. It is considered that this provision is reasonable. On the one hand, it takes care of the differences between the individual rights and interests of victims and the overall interests of the country and society, and pays attention to the maintenance of the legitimate rights and interests of victims. On the other hand, it follows the basic laws of criminal procedure, does not give the victim the status of an independent party, takes care of the legitimate rights and interests of criminal suspects and defendants, and meets the requirements of criminal procedure justice. The second is the basic negative view. This view holds that "the victim, as a litigation participant in a public prosecution case, has certain positive significance, but it is difficult to justify itself in jurisprudence, and the disadvantages outweigh the advantages in practice". Therefore, "the current system of the victim as a litigation participant should be abolished, and the victim should be legally determined as a special litigation participant, giving more special litigation courtesy and care than ordinary litigation participants". The third is both positive and negative. Some scholars believe that it is of positive significance for China's criminal procedure legislation to give the victim the status of a party, but there are also many inadequacies and deficiencies. Some scholars should give consideration to protecting the interests of the state and the victims, and the power of the state to prosecute crimes and the right of the victims to sue crimes should be mutually restricted; The position of the victim, the criminal suspect and the defendant should be equal, and their litigation rights and obligations should be symmetrical. It is pointed out that while legislators emphasize punishing crimes and protecting national interests, they have attached importance to the protection of human rights, but when protecting personal interests, especially the interests of victims. While emphasizing the punishment of crimes and the protection of national interests, legislators have attached importance to the protection of human rights, but in terms of protecting personal interests, especially the interests of victims, it seems that they are still very concerned about the protection of victims' rights, and the protection is not as strong as the protection of defendants, thus limiting the deprivation of many important litigation rights of victims and making the status of victims' parties inconsistent. Therefore, the victim's status as a party needs to be further implemented and strengthened. Giving the victim the status of a party in criminal proceedings undoubtedly improves the victim's litigation status at the legal level, but whether it can effectively improve the victim's litigation status and effectively protect the victim's rights in judicial practice or social reality is still a major issue that needs to be comprehensively examined. We should at least consider the following factors: (1) What is the key crux of the neglect of victims' rights and the low litigation status of victims in China's current criminal proceedings? Can it be solved by giving the victim the status of a party in criminal proceedings? Are there any other better or more urgent measures to be taken? (2) It is necessary to consider the influence and touch of many factors such as the criminal procedure structure, the exercise of the right of public prosecution, the protection of the rights of the defendant and so on to give the victim the status of a party in criminal proceedings. (3) It is necessary to comprehensively consider the status and development trend of criminal proceedings of victims at all times and in all countries. First of all, we must realize that the key crux of the neglect of victims' rights in China's current criminal proceedings lies in the lack of provisions on victims' right to know, litigation process and termination right, and the disregard of victims' litigation rights in the practice of public, procuratorial and legal departments. For example, in public prosecution cases, except incidental civil cases, victims rarely appear in court-usually because the court did not inform the victims of the time of the court session; However, China's Criminal Procedure Law does not clearly stipulate that the victim has the right to appear in court, and the court has the obligation to inform the victim to appear in court. These problems can never be solved by stipulating that the victim has the status of a party in the criminal procedure law. Secondly, in the case that the victim has no status as a party, we can also take a series of measures, such as stipulating that the victim has the right to apply for withdrawal in criminal proceedings, the victim can make relatively independent claims, the victim's right to participate in the proceedings and the right to know the proceedings and results must be guaranteed, and the state compensation system should be established to strengthen the victim's litigation status. This is also the most common way to strengthen the litigation status of crime victims in all countries in the world today. In addition, China's provisions on the status of criminal victims as parties in criminal proceedings are not perfect. Although China's new Criminal Procedure Law not only strengthens the rights of victims, but also stipulates the status of victims as parties in criminal proceedings. However, it should be noted that the right of public prosecution in criminal cases is still firmly in the hands of the public prosecution agency, and the exercise of the victim's right of private prosecution is strictly restricted. Private prosecution is only a supplement to the public prosecution of the public prosecution agency, and the victim is not allowed to have an independent right of appeal. In this way, the victim's influence on the initiation of criminal proceedings and the results of criminal trials is still quite limited, and the status of the victim as a party to criminal proceedings is actually not consistent with reality. In a certain sense, the provisions of the new Criminal Procedure Law of our country on the status of the victim party have led to the adverse consequences of the law. The above is the content compiled by Xiaobian for everyone. In criminal proceedings, the victim can file an incidental civil action or apply to the people's procuratorate, and file a lawsuit as the plaintiff. If your situation is complicated, this website also provides online consulting service for lawyers, and you are welcome to have legal consultation.