Study On Relief Of The Criminal Victim's Right

The criminal victim , being as one of the participants in the criminal proceedings, hasn't long been paid enough attention to in our country when compared with the criminal defendant. The status and right of the criminal victim in the penal proceedings has been attached less importance to. In the present criminal procedure law, only the criminal responsibility and the collateral compensation of relief system have been prescribed, but because of every possible reason for limited capacity of the criminal offender, it's usually difficult for the victim to get compensation from the offender, thus, the victim has no other choice but to endure not only economic but also mental suffering. For example, because of offender having fled or poverty of offender or offender having been executed death penalty, the victim cannot get compensation through judicial procedure, Which making the family of victim in economic trouble state, thus threatening his living, so he or she will be affected seriously when to fulfill the responsibility of giving evidence before court due to the absence of essential or necessary living things. Therefore, it leads to many victims appealing to higher government in the judicial practice, which makes the judicial offices tired to deal with it carefully but also contributes to the victim committing suicide but also self injuring or making reprisals and so on. So it's one of the important problems to solve in the penal proceedings as to how to remedy for the loss of the criminal victim.The relief system of the criminal victim's right has been prescribed perfectly in most western countries. Some districts in our country have already explored to the advantage. Criminal victims are a weak group of our society, who are innocent, helpless and pitiable. Everyone is likely to be injured innocently or even become a criminal sacrifice in our everyday life. We should go hand in hand with the trend of the world and history, to find the practical relief system of the criminal victim in our country. The thesis based on our state reality, referring properly to foreign advanced legislation technique ,discusses and explores the theme above from all aspects and levels, which is also analyses and studies in the dynamic rule by law. Thus, it makes the nationalism switch to humanism in criminal law concept, so as to protect the balance of justice and legal order. The article is expected to serve as a reference in constructing the state compensation law to criminal victim or legal aids system.The thesis consists of four parts in addition to the foreword and conclusion as following. Part one mainly talks about the general theory of criminal victim's right compensation, which makes a careful summary and analysis, and it puts forward some more theoretical feasible reference and effective criminal policy for state compensation law. The second part makes a general comment on legislation, regulation method of relief system of victim's right every county in the world, then analyses their advantages. The third part is about the rule of criminal victim's right compensation of our country, which includes the historical evolution of criminal victim's right, the modern regulation at last, and analyses the questions and causes. Part four is about the innovation and perfect of right compensation rule of criminal victim, which is core of this thesis. It mainly introduces the theoretical basis about criminal victim's right compensation of our country regarding to how to coming into being ,as well as new concept of criminal victim's compensation in theoretical field; consequently a few new concepts and measures are put forward to reform and improve the present state of relief system of criminal victim's right.