On The Legal Protection Of The Criminal Victim's Civil Rights

It is one of the most important principles and the most elementary legislative conceptions that rights should be protected, and it is also a characteristic of the law society. And civil rights are essence ones which have relation with the subsistence and development of civil main body. Because of crime, criminal victims suffer to various, serious losses, Which cause them endless pain. Therefore, they should be protected from the law. But in relation to the system of public prosecution, our country only pays attention to the losses which various crimes bring our country and our society to, which results in that our country attaches importance to protection of the benefits of our country and society, and the legal rights of criminals. The other way round, protection of criminal victims legal rights has been ignored, which results in that the various losses of criminal victims can not receive effective atonements or other forms of subsidy. Wherefore, it is significative that our country offers various of protection to criminal victims.From the perspective of the present legal system and judicial practice in our country, the legal protection of criminal victim tends to be frail and insufficient. Later, the legislative has paid attention to criminal victims, which obtains few of successes in the practice. The statue of criminal victims has been advanced, but many questions still exist in the protection of criminal victims. An old idea that "Any damages should be paid." tells us that our country will pay more attention to theprotection of criminal victims. The traditional legislative idea of "criminal case first, and civil case second " should be abolished.In general, the crime infringes not only the benefits of our country but also civil rights of criminal victims. In fact, the existing law has not prescript about it and there are different problems and defects in practice.The essay is divided into six chapters. First chapter makes general introduction on the theory of criminal victim, and discusses various of damaged rights and significance and sums up its conception, characteristic and necessary condition, etc. the second chapter analyses existing system and make comparison on the different legal system. And the third chapter points out existing problems about the questions from the factual situation, which mostly include two aspects, one is the relation of accessory civil lawsuit and civil lawsuit, the other hand, the system of accessory civil lawsuit has its own problems. The forth chapter analyses kinds of the reasons about the existing problems and points out that the traditional legislative idea of "criminal case first, and civil case second " and "attaching importance to criminal law and taking things lightly civil law" is without reason, which should be abolished. Fairness should be prioritized and efficiency should be taken into consideration at the same time. The appealing court should accept and hear the case in which the victim charges the defender with financial loss. The attached civil lawsuit against the third person responsible for the civil responsibility should be accepted. In the fifth chapter the author brings forward some superficial suggestions on it. The last chapter sums up the all essay.