Font Size: a A A

By Criminal Victim's Lawsuit Right

Posted on:2008-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y T LvFull Text:PDF
GTID:2166360212493149Subject:Law
Abstract/Summary:PDF Full Text Request
The pertaining to crime victim is the direct victim of criminal offence, is the Human body that the criminal offence results in to injure, property damage and spirit injure of direct bear. The victim carries on the back up the material because of the crime person's criminal offence of, spirit of, body of etc. various additional burden, should be subjected to a complete rights protection. If not be handled properly to the victim rights' problem, possible derivation new social antinomy even in new revenge crime. Therefore, the right protection of pertaining to crime victim has already become pertaining to crime litigation theories and practices a medium heat to order a problem. Protect victim of the right is the important aspect of [with] guarantee human rights in the pertaining to crime litigation, is also the worth body of pertaining to crime litigation system science, candor now. Strengthen the right guarantee of victim, and take into to the right of the victim and accused person reasonable, the balance of adequacy, become the trend of the widespread development of the code of criminal courts in all countries.Our country code of criminal court for protecting pertaining to crime victim well of legal rights, give victim the party concerned of litigation position, apposition in the party concerned of first, gave victim is much litigation right, emphasize to victim protective whole and the litigation process of the victim place in of completely participate, changed victim in the traditional pertaining to crime judiciary passive position, from a role that is "forget" make the victim become aggressive of, participate corpus actively, mis express an our country of pertaining to crime judicial policy from with commit crime artificial center, convert in to emphasize accused person and victim right of balance, and start emphasizing victim benefits and the balance of the national interest, to protect victim of the legal rights have a very aggressive function, can say this is our country the historic progress of the pertaining to crime lawmaking. But be placed in a beginning stage only to the research of pertaining to crime victim because of the our country, haven't started to build up very complete mature of the theories and the guarantee system. The nation emphasizes on the law the guarantee commits crime the provision of suspect person, accused human rights benefit is more, the set is related to protect victim of the measure is very little, this makes the judicial organ neglect during the period of carrying out code of criminal court or cool victim right, make the party concerned position of pertaining to crime victim can not get a real body now, it the legal rights is more difficult with get a valid guarantee, victim of the litigation position is suffering unprecedented embarrassed situation. This kind of situation causes directly judicatory practice medium to victim right protection not arrive, the victim acquires even if a fair of verdict, but can hardly acquire real material indemnification and mental state balance.This text passes to the our country victim and the foreign victim in the position in the pertaining to crime litigation and correspond of the right carry on comparison and analyze, pointing out our country guarantee a pertaining to crime victim position, right in lawmaking and judicatory the fulfillment etc. the aspect existent shortage, to perfect our country the pertaining to crime victim's right protected a mechanism to put forward personal views: The lawmaking should extend and protect the litigation right of victim further; Perfect pertaining to crime supplementary civil case in court system. Establishment combine perfect and national compensate system and social service with help system.
Keywords/Search Tags:pertaining to crime victim, Litigation right, Protect
PDF Full Text Request
Related items