Font Size: a A A

The Plan On Criminal Victim Procedural Right Protection

Posted on:2006-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:C Y ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
With the vigorous growth and development of the study on victims and the protection movement of victims, the protection of victims would satisfy the global trend to protect citizens procedurally. Though the current criminal procedure law of our country brings the victims up to the party's lawsuit status and grants them a lot of lawsuit rights correspondently, but still there is a very great loophole in it. Based on the task and goal of criminal lawsuit as well as the inherent demand of the criminal judicial system, as the organic component of the mechanism of avoiding criminal victimization, protection of the lawsuit right of criminal victims is in accordance with the philosophy of judicial civilization and law humanization and meets the need of realizing social justice necessarily and realistically.From the perspective of comparative law, it is obvious that both Great Britain American law under which victims are seen as witnesses and Continent law under which victims as criminal lawsuit parties not only provide victims with lawsuit rights, but also manage to expand victims rights. As far as current criminal legislation in our country is concerned, there is still a long way to go. The rights enjoyed by victims are inconsistent with the lawsuit status stipulated in the law according to the legal status victims enjoyed in the lawsuit and the past and current situation. Therefore, the way of criminal procedure law reform in China is to expand protection of victims rights through criminally political protection, construction of criminally judicial protection mechanism and concrete implement on it. There are many remedies tovictims, generally including the state compensation to the criminal suspects or defendants, remedy to victims, social aids and criminal conciliation etc.
Keywords/Search Tags:criminal victim, procedural right, remedy, state compensation to the defendant, state remedy, criminal conciliation
PDF Full Text Request
Related items