The Study On Victim's Right Protection

In recent years, in our country along with the procedure's just thorough influence, the criminal prosecution gradually went out the entity just unification value pursue, thought of the procedure just sink deep into the hearts of the people. No matter it is in overseas or in domestic, the crime suspect's and the accused person's human rights protection research have all obtained the unprecedented development, but as the suffers of the criminality violation, their rights' protection actually have not arouse people's much interests. Relative to that is, some developed countries have already noted this, and started the crime victim's study; they have also formed certain systems for victim's right protection both inside and outside the lawsuit. This article focuses in the legal principle theory of law foundation and the judicature practices, elaborated through following four chapter of contents our country's current fundamental research's insufficiency and the question exists in reality, and introducing the overseas advanced victim right protective systems, analyzing how to strengthen and improve our country's t protection of the victim, and taking what specific measures to conceive the system in our country.The first chapter introduced the victim right protection's historical evolution as a whole, and made the analysis of our country's current development survey. This part has emphatically analyzed the victim right's protection's weak which appears in our country, particular resembles the actual problem which under the more perfect protection system. At the same time, carry on the discussion to some quite influenced theorist's study whom introduced some overseas executions but not regarding its position in our country, carried on the analysis to the transplanted in view of it's impossible and not necessary in the system and in the idea. The second chapter introduces the world main country and the United Nations' attitudes in this question and their concrete procedure enumerates, in view of each national victim's different status in criminal prosecution, analyzing with the country's concrete criminal prosecution mechanism and the lawsuit structure, also relates to the humanities environment which its law can move. Moreover, it has made a more detailed introduction regarding some main countries' aids measure outside the lawsuit; from its aid organizations develop history, the aid concrete content and the aid organization's actual function in reality.The third chapter analysis the causes of the flaw in the victim right protection of our country, mainly from the following three aspects: the practices, the theory reason and the system root, and discussed in detail what has caused to resemble superficially the consummation in our country, but actually the ineffective in the victim right's protection mechanism and the basic reason in reality. In order to meet further discusses in the following that how to realizes and consummates the victim's protection in our country carried on the upholstery.The fourth chapter concrete on the research that we should adopt, and which can improve the victim right's protection in our country, with thoroughly studied the concrete system that our country connected, it introduced overseas advanced lawsuit theory, and the appeal institution's concrete function which had has boldly made again the conformity to our country. Hoped controlled in the realization debates under the balanced premise, guaranteed the victim's integrity litigant status in the criminal prosecution, and in every way through the country and the society constructed our country's victim right protection mechanism.