Research On The Protection And Assistance Of Criminal Victim In Our Country

The study of the protection and assistance pertaining to criminal victim is a hot issue of Victims Theory research recently. The present thesis analyzes the current protection situation of criminal victim's rights, the reasons as well as the necessity of the protection and introduces the protection experiences on criminal victim abroad, on which the thesis puts forward several thoughts on the establishment and perfection the protection and assistance to the criminal victim. The thesis mainly includes three parts: introduction, body and conclusion.The main body of the thesis is divided into four chapters:Chapter one introduces the definition of criminal victim and his changes on historical position. Concerning the concept of criminal victim, the thesis introduces different definitions of criminal victim from different disciplines at first, on the basis of which the author puts forward the intension and extension of the definition of criminal victim in the present thesis. The author presents a detail introduction from the primitive society to the contemporary society on the introduction to the history changes of the criminal victim's position. The position of the criminal victim follows the curve: high-low-lower-gradually increasing. With the improvement and recovery of the criminal victim's position, it's even more realistic and urgent to provide the protection and assistance to the criminal victim.Chapter two introduces the current protection situation of criminal victim, the reasons and the necessity of protecting the criminal victim. It introduces the present situation about the protection on criminal victim from the aspects of the legislation, state assistance and the social assistance. Through the interpretation and analysis of the law, the thesis indicates the inadequate protection situation of criminal victim's protection and points out the deficiency of the social assistance to criminal victim in China. The author introduces the reasons of protection mainly from the following four aspects: the subjective cognizance, the deficiency of the legislation, the lack of volunteers'activities and right awareness from the victims, expecting that the thesis can explore the causes for the inadequate protection of the victims. The thesis explores the necessity of protection from the following three demands respectively: the demand of the harmonious society, the demand of protection of the human rights and the demand of pursuit of the efficiency of litigation. It emphasizes the importance of protecting the criminal victim through the analysis of the three aspects mentioned above.Chapter three mainly focuses on the taken measures by foreign countries on the protection of the criminal victim. It starts with the introduction to the Continental Legal System and Anglo-American Legal System to present the law systems of Japan,South Korea,United Kingdom and United States, and on protecting and aiding the criminal victim respectively. Those four countries'protection measures provide the valuable references for the establishment of the protection system in China.Chapter four includes the assumptions and the suggestions put forward by the author on the protection and assistance to the criminal victim. This chapter is divided into four sections: the author proposes the suggestions on the material assistance to criminal victim firstly; then the author explores the issue from the intensifying culprit's compensation liability, the state's compensation and the insurance system. The innovation of the thesis lies in taking the insurance system in to consideration of the protection and assistance to the criminal victim. Moreover, the author puts forward some suggestions on the spirit protection of criminal victim. The author proposes that the spirit protection should be taken from the two aspects of spirit compensation and the social assistance, hoping that the criminal victim's spirit can get the all-round protection and assistance. Finally, the author puts forward that the best combination about the compensation of the material and spirit damage is the criminal reconciliation policy. The author advocates that the minor criminal cases with the clear fact and evidence can be settled down through the reconciliation approach in order to repair the material and spiritual damage of the criminal victim.