Who is the party to the criminal procedure law?

As we all know, all cases in court include civil cases and criminal cases. The nature of the two cases is different, so the related court work is also different. Criminal suspects in criminal cases violate the criminal law of our country and commit serious crimes, so the judicial punishment is also severe. So who is the party to the criminal procedure law? Criminal litigants include criminal litigants, which refer to those who have a direct interest in the case and participate in criminal proceedings. Including: victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil actions. Victim A victim refers to a person who has been injured by a criminal act. He took part in the lawsuit because his legitimate rights and interests were directly infringed by criminal acts, and he demanded that criminal suspects and defendants be investigated for criminal responsibility. It is precisely because of the victim's special status in criminal cases that the criminal procedure law fully protects the legitimate rights and interests of the victim and gives the victim the status of a party in criminal proceedings. The victim's litigation rights in criminal proceedings mainly include: ① accusation of criminal acts; Apply for the withdrawal of investigators, inspectors and judges according to law; 3 participate in litigation; (4) Entrusting an agent ad litem; ⑤ When the public security organ thinks that a case that should be put on file for investigation is not put on file for investigation, it makes a request to the people's procuratorate, requesting the people's procuratorate to notify the public security organ to put on file; 6. If there is evidence that the defendant has infringed upon his personal and property rights, he shall be investigated for criminal responsibility. However, if the public security organ or the people's procuratorate does not investigate criminal responsibility, it shall directly file a lawsuit with the people's court. If the victim dies, his close relatives have the right to sue; ⑦ file an incidental civil action; (8) The victim and his legal representative have the right to request the people's procuratorate to lodge a protest if they refuse to accept the judgment or ruling of first instance of the local people's courts at all levels. Private Prosecutor A private prosecutor refers to a person who directly brings a criminal lawsuit to the people's court in his own name in a private prosecution case. In general, a private prosecutor is the victim of a private prosecution case, the victim's close relatives or his legal representative. The private prosecutor is a party to a private prosecution case and has an independent litigation status. He exercises the function of accusation in private prosecution cases, and his litigation behavior plays a decisive role in the litigation process. Therefore, the private prosecutor is an important litigation subject in private prosecution cases. The law gives the private prosecutor extensive litigation rights in litigation. In addition to enjoying the same litigation rights as participants in litigation, private prosecutors are also endowed with a wide range of litigation rights by law, including: ① filing criminal proceedings and incidental civil proceedings; Apply for the withdrawal of judges, clerks, appraisers and translators; (3) Attending court trials, participating in court investigation and appraisal, applying to the people's court for obtaining new evidence, summoning witnesses, and applying for re-appraisal and inspection; (4) to entrust an agent to participate in litigation; ⑤ Request the court to mediate or reconcile with the defendant; ⑥ Withdraw the lawsuit before the trial; ⑦ Read or listen to the transcripts of the trial, and have the right to ask for supplements or corrections; (8) Those who refuse to accept the judgment or ruling of first instance of local people's courts at all levels have the right to appeal; Pet-name ruby for legally effective judgment, ruling, think there is an error, have the right to apply. Criminal suspect A criminal suspect refers to a party who has been accused of a crime in criminal proceedings and has not yet brought a suit in a people's court. Defendant Defendant refers to a party who is prosecuted by a people's procuratorate to a people's court, or a person who is directly prosecuted to a people's court for criminal responsibility. Plaintiffs and defendants in incidental civil actions refer to the parties who directly suffered material losses due to the defendant's criminal behavior in criminal proceedings and demanded compensation for bringing a civil action. The latter is the party who is sued for compensation for material losses caused by his criminal acts. The legal representatives of other litigants and agents ad litem are those who are responsible for protecting the principal according to law. Paragraph 3 of Article 82 of the Criminal Procedure Law stipulates that "'legal representative' refers to the parents, adoptive parents, guardians of the principal and the representatives of the organs and organizations responsible for protection." Judging from this provision, the legal representative should be a natural person with full civil capacity to participate in the litigation on behalf of the principal's interests. In order to facilitate litigation, if there are multiple legal representatives, only one of them can participate in the litigation. The legal representative exercises rights and assumes obligations on behalf of the principal in litigation. However, it cannot state the case and testify on behalf of the client, nor can it assume the obligations related to personal freedom on behalf of the client. Legal representatives also enjoy independent litigation rights according to law. The legal representatives of criminal suspects, defendants and private prosecutors have the right to apply for withdrawal and appeal. If the legal representative of the victim refuses to accept the judgment of first instance of the local people's courts at all levels, he has the right to request the people's procuratorate to lodge a protest within the statutory time limit. According to Item 5 of Article 82 of the Criminal Procedure Law, an agent ad litem refers to the victim of a public prosecution case and his legal representative or near relative, the person entrusted by the private prosecutor and his legal representative in a private prosecution case to participate in the litigation on his behalf, and the person who participates in the litigation on his behalf by the party involved in the incidental civil litigation and his legal representative. It can be seen from this provision that the principal is limited in nature, and the agent ad litem can only engage in activities in the name of the principal, and the legal consequences arising from the agency activities shall be borne by the principal. Agents ad litem can be divided into three categories: agents in criminal private prosecution cases; The agent of the victim in a public prosecution case; Acting as an agent in incidental civil litigation cases. The litigation rights of an agent ad litem are the same as those of the principal he represents, and the scope of agency activities is the authority entrusted by the principal. As two parts of a complete criminal litigation agency system, the legal agent and the litigation agent have something in common: (1) they are both people who exercise certain litigation rights instead of the client; 2) Legal agents and agents ad litem can only exercise their litigation rights within the scope of legal authorization and conduct litigation activities within the scope of agency authority; (3) The purpose of legal agent and litigation agent is to protect the legitimate rights and interests of the principal. The difference between a legal agent and an agent ad litem lies in: (1) The legal agent comes into being naturally, and there is no entrustment relationship, while the agent ad litem comes into being based on the entrustment fact of the client; (2) Their agency authority is different, and legal agents can also entrust agents ad litem to participate in litigation activities on their behalf; (3) The legal agency relationship cannot be dissolved, while the litigation agency relationship can be dissolved by the principal at any time. Defender A defender refers to a litigation participant who is entrusted by a criminal suspect or defendant or appointed by the court to help the criminal suspect or defendant exercise their right to defense according to law and safeguard their legitimate rights and interests. Defenders' participation in litigation stems from the entrustment of criminal suspects and defendants or the designation of the court. In criminal proceedings, according to facts and laws, they oppose the opinions of procuratorial organs and safeguard the legitimate rights and interests of criminal suspects and defendants. Defense has an independent litigation status and carries out defense activities according to its own will. In order to better perform the defense function, the law gives defenders broader rights; (1) Collect investigation evidence; (2) Participating in court trials; (3) defense; (4) With the consent of the defendant, the defendant has the right to appeal. Defenders do not participate in litigation based on their own interests and have no legal interest in the outcome of the case. From this point of view, defenders and agents ad litem have the same characteristics, but they are very different: they have different bases; Different litigation status; Different scope of application; Different litigation tasks; Different scope of authority; The content of rights is different; The activity name is different. A witness refers to a participant in a lawsuit who provides the judicial organ with information about the case he knows, except the parties concerned. The witness is a specific natural person determined by the facts of the case, and cannot be replaced or appointed at will. Testimony is the legal obligation of the poor, and all citizens have the obligation to testify as long as they know the case and have the ability to testify. A witness should meet the following conditions: (1) A witness is a person who knew the case before the lawsuit started; (2) The witness must be a person who can distinguish right from wrong and express correctly; (3) The witness is a natural person. Witnesses should generally testify in court and be interrogated and cross-examined by prosecutors, victims, defendants and defenders in court. It is an obligation and a right for a witness to testify. In addition, witnesses also have the right to consult the interrogation transcripts, ask for supplements and corrections to the omissions or errors recorded in the transcripts, and ask for compensation for the economic losses suffered as a result of testifying. The judicial organs protect the safety of witnesses and their close relatives. Expert witness refers to the litigant participants who are appointed or hired by the judicial organs and use their own expertise and skills to put forward written expert opinions on some specialized issues of the facts of the case. Expert opinion is independent evidence. The appraiser must be an individual citizen who has no interest in the case. The appraiser shall withdraw from any of the circumstances stipulated in Article 29 and Article 29 of the Criminal Procedure Law. The appraiser has the right to know the case materials related to the appraisal, the right to collect the appraisal fee and the corresponding economic compensation, and the right to ask the relevant authorities to provide sufficient appraisal materials. Those who meet the conditions can refuse the appraisal and make an appraisal conclusion. Appraisers also promise not to make false assessments; When reading the appraisal conclusion in court, accepting questions from the public prosecutor, the parties and their defenders, agents ad litem and judges; Litigation obligations such as keeping known case materials confidential. Translator A translator refers to a participant in a lawsuit who is appointed or hired by a judicial organ to translate language (including deaf-mute gestures and Braille) in the lawsuit. Translators must be people who have no interest in the case, and should be avoided if they are under any of the circumstances stipulated in Articles 28 and 29 of the Criminal Procedure Law. Translators have the right to know the relevant information; Have the right to receive corresponding remuneration and compensation; Have the right to consult the transcripts recording the translated contents, and have the right to request amendments and supplements if they think that the pen is inconsistent with the translated contents. Translators should translate truthfully. From the above full text, we can clearly know that the parties to the criminal procedure law include victims, criminal suspects, witnesses, defenders, experts and translators. A lawsuit needs a lot of energy and the effective cooperation of these parties. Of course, if the victim does not want to appear in court, he can entrust a lawyer to represent him.