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On The Victims'rights In Criminal Procedure

Posted on:2012-02-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:G Y LiFull Text:PDF
GTID:1116330332497381Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Title:On the victims'rights in criminal procedure Author:Li Guiyang Major:Criminal Law Advisor:Professor Min ChunleiIn the conceptual thinking for the "victim", "harm" become key words.When people realize what they want, "harm" behavior or results will come true,in the same time the rights come true. In this view, this paper has two throughout line, one is the interests of the victim, the other is the victim's revenge intend. The victim's benefits caused the victim revenge intend: it is fundamental of the victim interests, led to the victim psychological needs of revenge. In the long-term, "human-centered" and "harmonious society" has the value under the guidance of the system,establishing and perfecting towards "humanism" in return, or should return to "humanity-base". In this context, we examine the victim's rights issue, found that practice attempted is not satisfactory,it is necessary to have more reveals in theory.In the one part,we talk about historical changes of victims' rights, because the author thinks it is not gentle to reveal the animal instinct of human being in civilized societies. Through the investigation of the childhood of humans, we know why "revenge" would be the victim's main intend,through the significance of "torture" revealed for the victim, such knowledge continues to deepen, when faced to"punishment humanitarian", We will hold victim vengeance intend as a key to understand why victim are not satisfied about the arbitrament. In order to guarantee the victim's revenge will not seek the way outside system implementation (such asseeking gangdom revenge ),to give the victim rights as the core of the victims in the modern criminal procedure will carry the return on the agenda. Through the first part of the discussion, we can find that the victim's return, is a diachronic inevitable, or that is the inevitable of human nature.In the second part,we talk about the interests essence of the victims rights from microcosmic angle, the victims rights is a gradual, compliance with the law, independent effective interests. The paper through the analysis method compared with the injures, made clear the adverse status of the victim. In the history and reality, real ran and ought to be of victim's benefit, combined with the law, abstract the concept of victim express right ,"victim express right"is a concept that can dissolve the victim revenge intend internalize the scope provided by the law.As to undertake the victim inward and judicial actual bridge, this concept is of important theoretical value.In the third part ,we focus on the victim rights in procedure. This arrangement on the one hand over the second part about the victim, on the other hand express the importance of procedure. We try to show that the contradiction of the solution is an advantage choice: Through endowment of rights including autonomy, the empowerment in the form of multilateral participation and game with interest the victim ensuring the realization of the right to express related. The victim right model in procedure For theory and practice,we summarize three models: attendance, opposite, hearing.The best is the modle of hearing,in this modle,we can really respect the interests of the victim appeal,in the same time, cause no embarrassing effect on national authoritative. The focal point of this part is the victim sentencing opinion. The author thinks that the victims express sentencing opinion through participation of procedures is a visible claims ,it can reflect the victim inner intend, realize the victim interest demand, achieve overall balance between injures,victims and the country's power. It is of great significance to solve the problems existing in the criminal judicature practice.What we discuss on in the fourth part is the victim rights in the realization of the entity. Humanistic solicitude in the writing contributed to the chapter's production.We hold the aspiration that completely solve the problems in procedure,but we can not.In this part,the author try to take example by economics, to evaluate the victims interest.In this way we find that, victims interest can not return to original state,so Interests fill is not enough.We do not want to fill the bottomless loss including actual loss, expected loss,and spiritual loss,what we want is that persons in charge take action to comfort the victims trauma psychological.In the study of this part,we break through boundaries between criminal law and civil law, quote the theory of tort,and expect good effect.The article start off from loss,and return to loss fill,discuss both ought to be and reality, both advocating rights and respecting power, bringing forth new ideas,in the same time valuing rules. We strengthen theoretical depth,meanwile pay close attention to hot issues,this include criminal reconciliation, sentencing standardization, national compensation, criminal and attached civil lawsuits, money to buy punishment,and so on.We do not deem victims as floods beast,if so ,we should consider what makes victims be floods beast.It is not wise to dodge when faced to the problem,The victims have more words to say in criminal justice,this can Promote judicial reform towords humanity and civilization than that no words to say.
Keywords/Search Tags:victim, revenge intend, benefit, express rights, Sentencing opinions, the thouchable justice
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