Study On The Protection Of The Rights And Interests Of Criminal Victim

At present, Chinese criminal law scholars research more into protection of criminals' human rights or procedural rights than that of victims' rights, which may even be despised or neglected by the society. Such cases happen frequently in judicial practice as follows: It's hard to start a lawsuit for criminal victims at the beginning; they are victimized again in the entire course of a judicial proceeding; they aren't effectively compensated for either material or moral damages; they are invaded again by criminals; because of no access to justice, they turn into criminals indignantly.Therefore to control and prevent crimes, protecting the rights and interests of criminal victims is not only necessary to protect their human rights, compensate for their losses and consol their injured soul, but also necessary to protect victims from being invaded again and turning into criminals.This dissertation mainly probes into protection of victims' rights and interests from the perspectives of both procedural rights and substantive interests. It is divided into three chapters. A general overview of victims is given in the first chapter, which defines the concept of criminal victims, and introduces historical evolution and theoretical basis of protection of criminal victims. The second chapter mainly treats procedural rights of criminal victims. At the beginning of Part Two, procedural rights of foreign criminal victims are inspected, and then based on the current situation of procedural rights of criminal victims in China, suggestions are given to solve the problems therein as follows: judicial review system and accountability system can be taken to strengthen protection of rights of reporting a case, accusing and suing criminal victims; victims are vested with the right of appeal to make that easier, the explicit right to appear in court and be served a copy of the indictment, the right to learn the truth ,and the rights to suggest and supervise; measures are taken to protect victims from either unintentional judiciary injury or another harm of the accused. The third chapter concentrates on the rights of compensation and contribution for criminal victims. In this part, the author shows the necessity and design of legislation on compensation for criminal victims' spirit damage. Since it is difficult to compensate for criminal victims' losses in the real life, the author also suggests that criminals' actual compensation for material and moral damages of victims should be strengthened, and provides the design to create state reimbursement system.