Study Of Criminal Victims' Rights Issues

The 21st century is a new era of human rights protection and legal system construction. After several centuries' struggle between power and rights, we attained the success of human rights protection affairs. Moreover, the widely international exchanges and cooperation expand wider space for human rights protection. In this background, China also exerted a lot in human rights protection. The new criminal procedure law revised in 1997 learned a lot of experiences from other advanced countries in the field of human rights protection. However, there are also many shortcomings as to the human rights protection values confirmed by the new law, esp. to the victims' protections. From my own point of view, although the criminal procedure is always being functioned monopoly by the government since the idea of "the government handles prosecution functions" was accepted, the idea mentioned above can not deny the status of criminal victims for there are some differences between the benefits reflected by the idea and the benefits of victims. On the contrary, they are depended each other. Only when the two aspects are paid attention to at the same time in criminal procedure, can the idea of human rights protection be regarded as a whole and the value of modern criminal procedure be realized.In a long period since the Enlightenment, because of the special historic background and mission, the target of human rights protection is the accused, which is reasonable historically. However, with the development of the victim theory and pluralism of values, victims in criminal procedure are being paid more and more attention. In this situation, this article discussed the principles and ideas as to victims rights protections, analyzed the current related systems in China, made the comparative research while suggested some theories for reconstruction of victim protection in China from the aspects of criminal procedure value, structure, purpose, etc. There are totally seven chapters in this article.Chapter 1 introduced theories about modern criminal justice and victims rights protection. In this chapter, the issues of the status of victim in criminal procedure, the necessity and values of rights protection and the theory of victims, etc. are discussedChapter 2 is about the ideas and principles of criminal victims. This chapter is mainly focusing on the theoretical basis of victim rights protection. It points out that the human rights idea arising from the Enlightenment is the basis of the protection while the balance between the protection of victims and the accused is a key point of current criminal procedure.Chapter 3 made the study of criminal procedure purposes, values and the victim rights protection. This chapter analyzed the fitness between victim protection and the purposes of criminal procedure on the basis of making response to the controversy as to criminal procedure purposes and the current situation in China.Chapter 4 is as to the comparative research of criminal victims. This chapter paid attention to finding out the difference between China and other advance countries so that we can learn something from the comparative research.Chapter 5 is about the history of victim rights protection. On the basis of the discussion above, comparing the changes of the relevant systems in the criminal procedure law in China, I pointed out the existing problems and shortcomings as to victim protection in China while making suggestions of reform.Chapter 6 is aiming at the completion discussion of the victim protection system in China by the comparative study and summary of theory and practice in China.Chapter 7 is about the remedy and compensation system. The chapter discussed the possibility and theoretical basis of constructing government compensation to the victims in China so as to provide wider and more dependable safeguard to the victims.The safeguard and protection for victims is the needs of social development and the mark of making progress. We believe that only when the rights of the victims and the accused are paid attention to at the same...