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Study On The Protection Of The Rights Of Criminal Victim

Posted on:2006-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y M LiFull Text:PDF
GTID:2166360155454299Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal victim is the victim injured by criminality, and one party in criminal litigation, but in the current criminal litigation, there still exist much shortages and defects on the right protection of the victims. This article is to make some tentative discussion on the victim's right protection basing on criminal litigation practices in our country.Four parts construct this Article.Part I. the summary of the criminal victim. Firstly, On the concept of criminal victim, academies have given varied concepts from different point of view. Comparing these definitions synthetically, for the convenience of study, the criminal victim hereinto is the victim of criminal case, and studying from the narrow sense, it is herein refers to the victim by the severe offences to human rights, property rights, civil rights and other traditional criminals, according criminal litigation procedure, it shows as the victim of public prosecution. Secondly, this article have made some discussion on the history development of our country's criminal victim's protection, which have gone through almost three (3) periods in history, that is, it is the course from strengthening the offence to human being to strengthening the offence to country, then back to strengthening the offence to human being. In correspondence with above, it still has gone through three (3) periods on the attitude and manner to the victim: that is from encouraging the revenge of private hatred or personal punishment to strengthening the priority of the public prosecution and public punishment, then to pay attention to the protection of human rights, appealing the indemnity and compensation to the victim. Thirdly, distinguishing the sort of the victims according to different standard. According to nature characters victim can be divided into infant victim, female victim, old victim and so on;according to criminal character victim can be divided into property criminal victim, violence criminal victim, sex criminal victim, profession criminal victim and so on; according to the duty of victim, it can be divided into fully innocent victim, victim that have less responsibility than criminal, victim that have equal responsibility with criminal, victim that have more responsibilities than criminal.Part II. Overseas criminal victim's relative rights review. Anglo-American law system represent by American and England, from the point of view of criminal litigation law of England and American, the victim generally have no one party status, only have witness status. But to see from overview, the protection power to the victim by law is not weak, it has endowed the victim with more litigation rights, such as the decision right to participate the appealing before trial, decision right to participate the litigation deal, right to state during trial, and the right to claim for criminal's indemnity or country's compensation. The continental legal system, which is represented by Germany and France, in its criminal litigation, the victim generally has one party's status. The law definitely regulates the litigation right that owned by the victim. Germany's criminal litigation stipulates that the victim has the appealing right which is independent of public prosecutor. The France's criminal litigation law stipulates that the victim can launch public prosecution and own appealing right when he (she) is disagree with the public prosecutor for the victim own one party status in litigation. The victim in Germany and France criminal litigation owned fully litigation right. In Asia, represent as Japan, from the point of view of criminal litigation policy, the victim basically lives in the status of independent witness, but Japan's criminal litigation law fully stipulates the protection to the victim's right, the victim's loss can be compensated through varied ways.Part III. China's current criminal victim's rights and relativedisadvantages. The main rights of the victim regulated by criminal litigation including the right to have an agent, the right to indict directly, the right to enter into the court trial, the right to lodge demurrer. Also the law has endowed the victim with some litigation rights, but there still exist some shortages in criminal litigation, such as no concrete regulations made on the victim's rights and duties, no regulations made on whether or not the victim can obtain legal aid, and the victim's pleading right is not strong enough. About the reality, which still lack of the victim's right protection, such as there are not sufficient regulations stipulated on the economic compensation right when the victim is injured by criminal, no regulations on spirit compensation, no regulations on country compensation. In addition, there is no victim's aid institution.Part IV. Assumption on consummating the right protection of criminal victim. Firstly, the litigation right of victim should be consummated, which is the victim's right protection's core. From the aspect of litigation right protection, it can be consummated from the following ways, such as endowed the victim with the last statement right during court trial course, establish criminal absence judgment system, endowed the victim with the right to read the case files and so on. Secondly, establishing the spirit compensation system to criminal victim. Presently, China law have regulated that to the civil misdemeanors induced by light tortious, the spirit compensation can be claimed, while to the crimes induced by high tortious, the spirit compensation can not be claimed, which has breached the justice of law obviously. Therefore, to the victim who was indeed mentally injured by crime, the spirit compensation should be allowed to claim, while the compensation scope should be limited strictly. Thirdly, the country compensation system to the criminal victim should be established. Within the body injuries and economic damages suffered by the criminal victim, only a small part can be settled...
Keywords/Search Tags:Protection
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