On Protection Of The Litigant Rights Of The Minor Criminal Victims

The minor is the future of a country and family. With the deepening of the importance attached to the minor and the promotion of its status, rights it enjoys have also been greatly developed. However, in the real world, the crime to minor occurs frequently, thus forming a new group—minor criminal victims. Minor criminal victims refer to the criminal victims under 18 years. Minor victims are special weak group with deferent characteristics and laws in comparison with adult victims. They are not only affected by criminals, but also deeply hurt due to the defects of criminal justice. The phenomenon is called "the second victimization". Therefore, this article will discuss on the special protection toward the minor victims in the criminal prosecution.The article includes four parts:The first chapter is about the present circumstances of minor victims. At present, minor victims suffer two kinds of damages. One is from the crime, I want to demonstrate the particularity and seriousness of the victims through the analysis of its physical and psychological damage. The other is from the current criminal justice, the universality and seriousness of crime to minor is demonstrated by analyzing the purpose of the criminal justice and criminal justice. The situation of minor victims urge us to improve the criminal procedure. Meanwhile, I appropriately analyze the reasons causing minor victims'damages.The second chapter demonstrates the necessity and importance of protection toward minor victims in the criminal prosecution from the theoretical, legal, practical view. Theoretically speaking, protecting minor victims is the national obligatory responsibility, is the proper meaning of human rights protection, reflects the value of the criminal procedure. From the legal view, protecting minor victims accord with the international and domestic law. In practice, protecting minor victims is urgent need to cope with grim situation of crimes to the minor, is the necessary means to avoid second victimization and make minor victims grow healthily, is the important support to maintain the stability of family and society.The third chapter proposes several basic principles on minor victim protection in criminal lawsuit. They are:complying with the maximum benefits of the minor victims, rapid and timely protection, the equal protection combined with special protection. The author thinks that only when we follow these basic principles, can we design protection measures which are consistent with interests of the minor victims in the process of the specific procedures.The fourth chapter proposes and demonstrates the special protection the minor victims should enjoy in the criminal proceeding. It includes:in the pre-trial procedure, establishing positive and flexible filing procedure, establishing a divisional processing mechanism of criminal cases on minor victims, establishing special forensics procedures, paying attention to personal safety of minor victims, establishing appropriate adult intervention system, and improving the system of the legal aid to minor victims; in the trial procedure, optimizing the judicial organization form, not being tried publicly and quick trial, innovating testimony procedures, allowing minor victim to get compensation for mental damage; establishing some auxiliary systems,e.g. establishing psychological evaluation and auxiliary treatment system, establish national compensation system.