Discussing The Right Protection And Relief Of The Crime Victim

Crime and victimization is a pair of phenomena, which depends on eachother for existence and stands opposite mutually. Speaking from thebroad sense, there is no victimization, there is no crime. In thistext ,I want to clarify the victim's concept and scope, and analyse theconnection between criminal legal nexus and victim and make tracks forthe change of the victim's status in litigation and compare the statusin litigation of two families of laws with international victim's statusin litigation, and take apart our country victim's right protection'slegislation and administration of law to scan the victim's status inlitigation and right protection and relief again .The so-called victimis a natural person whose human body ,property and other rights wereviolated by criminal offence, the unit ,society ,nation is out of thetextual range of research , namely the victim on the narrow sense. Itis very important for the victim's right protection to know the victim'sconcept and scope and analyse the victim's characteristic and type. Fora long period of time, we have been considering the criminal legalnexus's main body as criminal and criminal victim , and the victim werenot litigant. The victim were violated by criminal offence directly ,however they didn't have litigant's status and relevant right, whichis not reasonable. It's not only beneficial for the victim's rightprotection , but also beneficial for crime prevention and victimizationprevention ,at the same time ,nation's power restricting. The criminallegal nexus's main body is composed of the victim ,criminal and nation.In the triangle that is composed of the victim ,criminal and nation,nation's dominant status make national behavior involve the victim byall means with criminal person's right because the nation has got themighty resources with the cause of the violence machine, so nation'spower must be restricted . In these three kinds of relations, we shouldemphasize the victim's right protection because the criminal offenceviolated its right directly. In realizing the victim's right protectionprocess, the nation should guarantee criminal legal right with properand legal procedure. The victim's status in litigation come throughthree phrases: private relief, public relief and private relief andpublic relief's concurrence, which reflects that we deepen cognitionof criminal phenomenon and find criminal action's common rules toprotect the victim's right and keep balance between the victim's rightprotection and the criminal right protection in the battle with crime.Through comparing the status in litigation of two families of laws withinternational victim's status in litigation, however these extents andangles vary ,yet provide a mode with the victim's right protection andrelief ,we can use for reference to our victim's right protection andrelief. Compared our country's emending criminal law with 79 editioncriminal law, active criminal law got ahead : the victim were enduedwith litigant status and had a series of rights: entrusted agentright ,indicting right, etc. But the victim's right protection are ina dilemma : on the one hand, the victim's litigious right couldn'trealize ,on the other hand, there are some difficult problems in thevictim's right protection process. In the face of the victim's rightprotection and relief's legislative and judicial status, this text putsforward the some viewpoint with suggest. The law thought of the morethan 2,000 years in feudalistic society in our country go deep into thepublic mind and have a effect on people, whose stability and tractilitycan't fit for the development of our society ,even prevent our societyfrom developing economy, so we must build up modern litigant concept.The object of building up modern litigant concept are the victim andjudicial officers . It is very important to build up their right litigantconcept for realizing the victim's status and action in the litigantpr...