Introduction of the participants in the criminal proceedings and who are the participants in the cri

"Criminal litigation participants" refers to persons who participate in criminal litigation activities in addition to the staff of the investigative, procuratorial, and adjudication organs, and enjoy certain procedural rights and bear certain procedural obligations in accordance with law. According to the provisions of the Criminal Procedure Law, participants in criminal proceedings mainly include: parties, legally-prescribed persons, litigants, defenders, witnesses, evaluators and translators.

"Parties to criminal proceedings" refers to persons who have a direct interest in the case and participate in criminal proceedings. Including: victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil lawsuits.

The legal ** person is the person who has the responsibility to protect the ** person in accordance with the law. "Litigants" refers to the persons retained by the victims or their close relatives or their legally-designated persons to participate in the litigation on their behalf in public prosecutions and private prosecutions, as well as the parties to attached civil litigation and the persons entrusted by their legally-designated persons to participate in the litigation on their behalf. Defenders refer to litigation participants who are retained by criminal suspects or defendants or designated by the court to assist criminal suspects or defendants in exercising their right to defend and to protect the lawful rights and interests of criminal suspects or defendants in accordance with law.

Witnesses refer to litigation participants who, in addition to the parties, provide the judicial organs with their knowledge of the circumstances of the case. Evaluators refer to litigation participants who are appointed or hired by judicial organs to use their own specialized knowledge and skills to submit written appraisal opinions on certain specialized issues of case facts. Translators refer to litigation participants who are appointed or hired by judicial organs to carry out translation work in litigation.

Legal provisions: Article 106 of the Criminal Procedure Law: The following terms in this Law have the following meanings: (4) "Litigation participants" refers to parties, legally-prescribed persons, litigators, defenders, witnesses, evaluators, and translators.

Criminal litigation participants refer to non-judicial personnel who participate in criminal litigation activities, enjoy certain procedural rights, and bear certain procedural obligations.

Participants in criminal proceedings have the following characteristics:

1) Participants in criminal proceedings must participate in criminal proceedings.

2) The participants in the criminal proceedings must be persons who enjoy certain procedural rights and bear certain procedural obligations in the course of criminal proceedings.

3) The participants in the criminal proceedings must be non-judicial personnel.

Legal analysis: 1. The legal person refers to the person who has the responsibility to protect the person in accordance with the provisions of the law. Article 82 of the Criminal Procedure Law stipulates that the legal ** person includes the parents, adoptive parents, guardians and representatives of the organs and organizations responsible for protection.

The task of the legal person is to protect the legitimate rights and interests of the person being subjected, so he should be a natural person with full capacity for conduct. When there are more than one legal person, only one of them can participate in the litigation. The legal person has the same litigation rights as the person being subjected to the same litigation rights and bears the corresponding obligations, but it cannot replace the statement or the obligations associated with personal freedom.

2. The litigant is a person who participates in the litigation according to the entrustment of the respondent. Article 82, Paragraph 5 of the Criminal Procedure Law stipulates that the "litigation person" refers to the victim of a public prosecution case and his or her legal ** person or close relatives, the private prosecutor of a private prosecution case and his or her statutory ** person who entrusts him to participate in the litigation on his behalf, and the party to an attached civil lawsuit and his or her statutory ** person who entrusts him to participate in the litigation on his behalf.

3. Defenders refer to litigation participants who accept the entrustment of criminal suspects and defendants and their legally-designated persons in litigation, or are designated by the people's courts to defend the lawful rights and interests of criminal suspects and defendants.

4. Witnesses refer to litigation participants other than parties who understand the circumstances of the case and testify to the public security and judicial organs. The condition of a witness is that he or she understands the facts of the case or the circumstances relevant to the case, and is able to distinguish between right and wrong and express himself correctly. Persons who are physically or mentally handicapped or who are too young to distinguish between right and wrong and who are unable to express themselves correctly must not be witnesses.

The person must be a natural person.

5. Evaluators refer to litigation participants who are appointed or hired by the public security and judicial organs to use their specialized knowledge and skills to identify and judge specialized issues in the case. Evaluators shall meet the following requirements: First, they shall have specialized knowledge or skills.

Second, evaluators shall be appointed or hired by the public security and judicial organs. Third, the evaluator shall have no interest in the case or the parties to the case, otherwise, they shall recuse themselves.

6. Interpreters refer to litigation participants who are assigned or hired by the judicial organs of Gongyan to translate language (including deaf-mute gestures and Braille) in litigation. Interpreters shall be appointed or hired by the public security and judicial organs, and shall have no interest in the case or the parties to the case, otherwise, they shall recuse themselves.

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 82: Litigation participants refer to parties, legally-designated persons, litigators, defenders, witnesses, evaluators, and translators.

Parties refer to litigation participants who have a vital interest in the facts of the case and the outcome of the disposition. These include:

1. Victims. It refers specifically to a person who has been directly victimized by a criminal act in a public prosecution case. The victim of a private prosecution is called a private prosecutor.

2. Private prosecutors. refers to a victim who directly initiates a lawsuit in the people's court in his or her own name. Where the victim dies or loses capacity, the victim's legally-designated person or close relatives have the right to directly file a lawsuit in the people's court.

3. Criminal suspects. Persons who have been decided by the public security organs or people's procuratorates to file a case for investigation because they are suspected of committing a crime, but have not yet been prosecuted.

4. Defendants. Refers to a party who has been accused of committing a crime and has been prosecuted to the people's court. It includes defendants in private prosecutions and defendants in public prosecutions. A criminal suspect is called a defendant from the date on which an indictment is initiated.

5. Plaintiffs and defendants in attached civil lawsuits. The plaintiff in an attached civil lawsuit is a person who files an attached civil lawsuit against a judicial authority to demand that the defendant make material compensation for the losses caused by the criminal act. The defendant in an attached civil lawsuit refers to a person who bears material liability for the losses caused by his criminal acts.

To sum up, as a public prosecution case, the prosecution is completed by the procuratorate. According to the regulations, the conditions for prosecution in Criminal Procedure Law cases must meet the requirements that the facts of the crime are clear, the evidence is conclusive, and criminal responsibility should be pursued in accordance with law. In this way, the procuratorate can initiate a lawsuit, and if after examination, it is found that the criminal suspect is minor and can be exempted from prosecution, the procuratorate may make a decision not to prosecute.

Bank of China Jihua People's Republic of China Criminal Procedure Law

Article 14: The people's courts, people's procuratorates, and public security organs shall ensure that criminal suspects, defendants, and other litigation participants enjoy the right to a defense and other procedural rights in accordance with law. Litigation participants have the right to file accusations against adjudicators, procurators, and investigators for violations of citizens' procedural rights and personal insults.

"Criminal litigation participants" refers to those who participate in criminal litigation activities other than the staff of the investigative, procuratorial, and adjudication organs, and enjoy certain procedural rights and bear certain procedural obligations in accordance with law.

1. Litigation participants.

Litigation participants refer to Dangchang bankers, legal persons, litigants, defenders, witnesses, appraisers and translators. Litigation participants are further divided into two categories: parties and other litigation participants. Parties include victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation; Other litigation participants include legal persons, litigators, defenders, witnesses, evaluators, and translators.

The method of memorizing the rights of the various parties is to first memorize the common rights of all the participants in the litigation, then to remember the common rights of the parties, and then to remember the unique rights of each party according to their identity and status.

1) The scope of litigation participants, parties, and other litigation participants.

It is particularly important to note here that in China, the staff of a special agency that participates in litigation on behalf of the state are not considered to be litigation participants.

2) Procedural rights shared by all litigation participants.

1. The right to have the right to sue in the language of the people;

2. The right to sue.

2. Parties.

1) Scope of the parties.

Parties refer to litigation participants who have a direct interest in the outcome of the case and play a greater role in influencing the course of criminal proceedings. It includes victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil lawsuits.

2) The rights of the parties.

For the rights of the parties, the method of memorization is: first, remember the common rights of the various parties; Then remember the unique rights of the various parties, which in turn are related to the characteristics and identities of the parties.

3) The specific rights of the parties.

1. Victims.

Victims here refer specifically to victims in public prosecution cases. Victims do not have the right to sue, because the right to sue in public prosecution cases is exercised by the procuratorate. Therefore, the victim does not have the right to prosecute criminally, modify criminal proceedings, withdraw the prosecution, or appeal.

2. Private prosecutors.

The private prosecutor is the opposite of the victim and has the right to sue: the right to sue, the right to modify the lawsuit, the right to withdraw the lawsuit, and the right to appeal.

1) The right to file a private prosecution.

In private prosecution cases, the victim has the right to file a lawsuit directly with the people's court. Where the victim dies or loses capacity, the victim's legally-designated persons or close relatives have the right to file a lawsuit in the people's court. The people's court shall accept it in accordance with law.

2) The burden of proof on the private prosecutor.

3. Criminal suspects or defendants.

In private prosecution cases, the defendant has two unique rights: the right to counterclaim and the right to settle.

4. Plaintiffs and defendants in attached civil lawsuits.

1. The litigation participants in criminal proceedings mainly include: parties, legal persons, litigants, defenders, witnesses, appraisers and Kaixi interpreters. There are two types of litigation participants: parties and other litigation participants.

2. Legal basis: Criminal Procedure Law

Article 108:The following terms in this Law shall have the following meanings:

1) "Investigation" refers to the work of public security organs and people's procuratorates in collecting evidence and ascertaining the facts of the case in accordance with the law in criminal cases, as well as relevant compulsory measures;

2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation;

3) "Legally-designated persons" refers to the parents, adoptive parents, guardians, and representatives of organs and groups with the responsibility to protect;

4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators;

5) "Litigation ** person" refers to the victim of a public prosecution case and his or her legally-designated ** person or close relatives, the private prosecutor of a private prosecution case and the person entrusted by his or her legally-designated ** person to participate in the litigation on their behalf, and the parties to attached civil litigation and their legally-designated ** person retained to participate in the litigation on their behalf;

6) "Close relative" means husband, wife, father, mother, son, daughter, siblings.

1. What are the contents of the five stages of criminal procedure?

Criminal proceedings mainly consist of five stages: case filing, investigation, prosecution, trial and execution.

1. Case filing refers to litigation activities in which the public security organs, people's procuratorates, and people's courts review materials such as reports, accusations, reports, and the voluntary surrender of offenders, to determine whether there are criminal facts and need to be investigated for criminal responsibility, and to decide in accordance with law whether to transfer them for investigation or trial as criminal cases;

2. Investigation refers to the special investigation work and related compulsory measures taken by specific judicial organs in accordance with law for the purpose of collecting, ascertaining, and confirming crimes and seizing offenders;

3. There are two types of prosecution, including public prosecution and private prosecution;

4. Trial refers to litigation activities in which the people's courts, with the participation of the prosecution and defense and other litigation participants, conduct trials and adjudication of criminal cases in accordance with the legally-prescribed authority and procedures in accordance with the law;

5. Enforcement refers to the activities carried out by criminal enforcement organs in order to implement the contents determined by judgments and rulings that have taken legal effect.

1. Participants in criminal litigation include: parties (victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation) and other litigation participants (statutory persons, litigants, defenders, witnesses, evaluators and translators);

2. Civil litigation litigation participants include: litigation participants, including parties (plaintiffs, defendants, co-litigants, third parties) and litigation participants (statutory parties, entrusting parties), and other litigation participants (witnesses, appraisers, inquest personnel and translators);

3. Participants in administrative litigation include: litigation participants (the respondent and the litigation person) and witnesses, appraisers, inquest personnel and translators.