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On The Problem Of Criminal Victims' Rights Protection In China

Posted on:2006-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:D C WangFull Text:PDF
GTID:2166360182988030Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Human rights protection that is a very important problem focused by almost all of the nations in the world can be called as a very critical symbol to indicate one nation's completion of democratization and legal system construction. Directly injured by the crime, criminal victims are one of stimulations to start up a criminal litigation and also objectives protected by the litigation. In a case concerning victims, criminal lawsuit is focusing on chastisement of criminals and protection of the victims' legal rights, therefore, how to protect the victims' rights during the course of criminal lawsuit becomes a main problem that should be solved by the criminal law emphatically. Today, it is very necessary to enhance protection of criminal victims' rights in China. This is also a certain trend of criminal lawsuit development, an impersonal call of human rights protection and an indeed requirement of criminal legal justice. It should be supposed to be not too general when studying and evaluating the rights protection of criminal victims in China. It is normal and significant only if we must set up proper basic rules and value objectives and focusing on them study the problem of criminal victims' rights protection. On one hand, as to the protection to the criminal victim's lawful right, people's value goal—or value anticipation is different according to different status .It is different from person to person.It may be divided into victim's value anticipation, the common social public'svalue anticipation as well as the legislation, the judicial value anticipation. On the other hand. We must persist in the protection cardinal principle, namely comprehensive principle, balance principle, moderate principle and legitimate principle.Currently, there is a serial of problems existing in the victims' rights protection system in China, which mainly is about the cognition, legislation and execution of the relevant laws. To deal with the existing problems, we must perfect our current protection system of criminal victims: firstly to update cognition;secondly to consummate the legislation system related to protection of the victims;finally to standardize and fulfill the protection of the victims in the factor of law execution.
Keywords/Search Tags:criminal victims, rights protection, basic Rules, value objectives, existing problem
PDF Full Text Request
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