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Secondary Victims Of The Victims Of The Crime

Posted on:2007-06-04Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z H WangFull Text:PDF
GTID:1116360182491385Subject:Criminal Law
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Victimology is a new science developed in the fifties of the twentieth century. In the over half of a century to this day, victimology has developed quite great in dispute, with broaden area of research and deep content of research. In our country, victimology is a newer subject and also an immature subject because its development is yet behind the times, compared with other countries in the world. Under this circumstances, some researchers devoted in this field found many tasks that need to be strengthened or completed. So I choose the problem secondary victimization of criminal victim. The reasons are as follows. First, secondary victimization of criminal victim has caused the society's concern in practice, that is to say, "Do not let victims bleed and weep". Second, the existing research only describes the simple phenomenon and causes and it lacks comprehensive thinking and deep research in theory, which can not meet the challenges instantly. In order to develop the research of victimology, this article deeply analyzes its phenomenon, influence and countermeasure in jurisprudent and psychological ways, which provide theoretical elucidation, supply a gap and offer some new ideas. This article has three parts and six chapters:The first part mainly puts forward problems, including two chapters: The first chapter introduces the basic concepts. Because the subject of victimology is immature, the basic concepts in this subject lack uniform regulation. Therefore, the article elucidates the victim concept, characters and types at the beginning and then puts forward the concept of victimization and points out that the secondary victimization is the second phase in the development of victimization. Criminal procedural system is the particular factor in the research of victimization and the problem of secondary victimization is more particular with victim's joining the criminal procedure, which is also an important reason I choose the secondary victimization of victim as my research object.The second chapter summarizes the secondary victimization. This part mainly regulates the concept of secondary victimization and puts forward its connotation from three aspects that are broad sense, narrow sense and least sense. It puts forward that the object is the secondary victimization of victims in narrow sense, that is to say, research the secondary victimization in the judicial system. And it elucidates characters s phenomena and negative influence further and introduces briefly is research status and significance.The second part is causal analysis, including three chapters:The third chapter is the reason of system that is the empty of law regulation. It elucidates that victims need criminal system from different aspects including the needs of victims, the victims' justice in procedure and result and the criminal procedural justice in procedure and result. It points out that the comments about laws of protecting victims do not only emphasize the improvement of victims' status and rights in the criminal procedure. We should synthetically consider victims' needs and review relevant laws on the basic characters of criminal procedural system. On this condition, it values the existing laws protecting victims and elucidates limitations in the regulations.The fourth chapter is the reason in the law implement affecting the secondary victimization, namely, the limitations of law implement. It argues the passive influence on victims, which is caused by law implement;it elucidates the social psychology of judicial officers' that has improperly judicial behaviors from two aspects, social role and belief in the just world. And then it points out that victims is a very little role to the judicial officers and the fact that victims meet with violation imperils their belief in the just world, which make judicial officers lack concern and respect in the criminal procedure. So victims feel ignored and refused and more passive.The fifth chapter is the reason in the victims affecting the secondary victimization, namely, the cause of victim's mentality. The secondary victimization is caused by external causes and individual cause. Because victims' attribution and coping that are more affected by external causes are very important for their recovery,this article chooses the two factors to analyze in detail. It points out that self-imputation which maybe appears in the victims' attribution and the expectation for judicial help are all affect the secondary victimization in some degree.The third part is countermeasure, namely, the sixth chapter. The article offers countermeasures for prevention and relief on the forenamed analysis. In the improvement of judicial system, It elucidates the general idea in relevant legislations and provides material suggestions for establishing systems. In the prevention and relief for improper judicial behaviors, it points out to realize the goal in the way of role building, including the study of victims, regulating the intercourse regulations and establishing the systems of improper judicial behaviors' cognizance and relief. In the aspect of victims, it provides some suggestions in the victims' recovery and establishing the system of social assistance.In short, the innovations of this article include the following: first, it puts forward the secondary victimization, that's to say, this article first elucidates this problem comprehensively and deeply;second, the argumentation is different compared with other research, especially the analysis of law limitations and improper behaviors;third, introducing some contents and ways in the field of psychology, such as the analysis of mentality, equity theory and the application of belief in the just world.
Keywords/Search Tags:crime victim, secondary victimization, victim protect, social support
PDF Full Text Request
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