Criminal Victim: The Legal Memory Which Will Be Awaken

In reality, there are many people who have become criminal victims for suffering from criminal offence.Criminal victim has been a serious social problems.Therefore, to solve the problem of criminal victim become the serious task that every society is faced with . As the direct taker of criminal damage , criminal victim hope to protect their own rights and interests. However, in criminal justice system that aims to protect the defendant's right in modern society, defendant's status and protection of the right get a promotion. However, the victim have been forgotten by the modern criminal justice. It become the general trend of criminal proceedings that reinforcing the victim protection to security of the victims and making the reasonable and appropriate balance between the defendant and victim in the world. One of the important consequences of the victim protection movement is for promoting theoretical reflection to the traditional criminal judicial system. Restorative justice system highlights the status of the victim and make the victim the program promoter and controller.This paper takes the victim protection as a breakthrough point,and try to absorb the research subjuects such as the legal culture,the science of victim and philosophy.This paper focus on the difference in history and culture,national psychology between Chinese and western and review the victim protection history and summarizes the rule from the changes in the victim protection through more abundant information. This paper analysize the value of restorative justice in strengthening the victim protection and the rationality and necessity of restorative justice and reveals some beneficial historical resources in constructing restorative justice system.At last,the paper give the proposition how to combine the actual conditions of our country and the judicial practice to strengthen the victim protection effectively in the present stage.According to this line, the paper's logic frame is mainly composed by five parts. The first part of the paper mainly reviews the changes in the status of victims in criminal proceedings, and by introducing the current situation in the victim protection to analyze the lack of protection of the rights of victims in the status of the traditional criminal justice system.The second part of the paper has intensively discussed the necessity of reinforcing the protection of the victims'rights and interests in our country from different angles. Reinforcing the protection of the victims'rights and interests is the need for punishing crime and protecting human rights, balancing the victims'rights and the criminals'rights, safeguarding the judicial justice and judicial practice and structuring harmonious society.The third part of the paper has demonstrate the trend from raditional criminal justice to restorative justice. Restorative justice can be favorable for protecting the victims'rights and interests. Compared with traditional criminal justice, restorative justice has improved the victims'position in criminal judicial procedure; restorative justice can be favorable for respecting the victims and maintaining the victims'dignity; restorative justice can be favorable for removing victims'fear of criminals; restorative justice can be favorable for compensating for the material harm and the immaterial harm of victims;restorative justice has not prevented the country from charging rights of criminals for being accused.This part has also discussed the related contents of restorative justice in detail. The rise of restorative justice is inseparable with the victim rights movement, the nativity of victimology as well as the appearance of the negative influence in the traditional criminal justice. From all the discussions above, it can be seen that the restorative justice has a series of distinct characteristics.In the forth part,combined with our traditional "harmonious", "no action", "people-oriented" thinking and habits that exist in our society, customary law, people's thinking, as well as from Chinese current judicial system, legal and cultural perspectives to analyze the restorative justice foundation.Based on the above discussion, the last part of the paper proposes that we should borrow ideas from restorative justice to perfect the protection of the victims'rights and interests in our country. This part first discusses the feasibility of borrowing ideas from restorative justice in our country. This part then proposes a series of suggestion about borrowing ideas from restorative justice to perfect the protection of the victims'rights and interests in our country.