Font Size: a A A

On The Rights Protection Of The Victims In Criminal Proceedings

Posted on:2011-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2166330332981401Subject:Law
Abstract/Summary:PDF Full Text Request
China's Criminal Procedure Law, after amended in 1996, defines the victims in criminal proceedings as "parties", also provides a wide range of rights for victims in criminal proceedings. This is a significant progress in protecting the rights of victims in criminal cases in our country, and indicates that China has started to pay attention to protecting the rights of criminal victims from legislation. But in actual proceedings, the rights of victims is not only much weaker than the defendant, but also does not match with the legal status of the parties, some specific areas need further development and improvement. In this paper, the rights of victims in criminal proceedings become the study, historical analysis and comparative analysis are used, rights protection theory of the victims and a comparative study of rights protection state of victims from the world's major countries as the foundation to solve these problems.So the inadequate in the rights protection of victims of our Code of Criminal Procedure is found and concept to improve the protection mechanism of the rights of victims proposes. The paper has three major parts including introduction, body and conclusion. The body is divided into four parts.The first part is an overview of the criminal rights protection of victims. This part defined the concept of criminal victims firstly, and explored the theoretical basis of rights protecting of victims from the angle of revenge ideas, human rights protection and the interests of justice at the same time.The second part showed the practice of the world's major countries on the rights protection of victims. Rights protection status of victims from representative law as the civil law and the common law were selected to describe and analyze, so to find the difference existed, and gave reference for perfecting the mechanism of rights protection of. victims in China.The third part was about the situation and inadequate of the criminal victim protection of our country. This part described the ststus of the rights protection of the victim in China based on the specific provisions of current Criminal Procedure Law, and found the shortcomings in rights protection of victims in China from two aspects including procedural rights and substantive rights.The fourth part proposed the conception for perfecting the rights protection of the victims. The general idea for improvement of the rights protection of the victims put forward firstly, then specific measures of improvement and system construction program proposed from two major aspects including the victim's procedural rights and substantive rights.
Keywords/Search Tags:Crime Victims, Rights Protection, System Construction
PDF Full Text Request
Related items