The Legislation Improvement Of Our Country's Rights Protection System Of Criminal Victim

The criminal victim is the one whose person right, democratic right, property right and other rights are directly violated by the crime. Over a long period, the issue of the status of the defendant remains to be the core of the criminal judicature in many countries while the right protection of criminal victim has been neglected all the time. Not until the middle of 80s in the twentieth century, with the rising of the victim theory had been the status of the victim in the criminal judicature gradually improved and the rights of victim thought highly of . Most of the world make grate efforts to enhance the right protection of the criminal victim.However, comparing with the development and progress in the international judicature circle, the legislation in our country on the right protection of the victim seemed to be backward. Although after the amending of the 1996 criminal procedure law , the status of victim as a litigant has been confirmed and added a varies of rights for victims, the protective rules for the victim has been excessively abstract and limited as well as lack of practice which led to the deficient right protection of the victim in the criminal judicature. Taking a sweeping view of the development of the right protection of victim and the legislation experiences and practices overseas and reconsidering the gaps and defects in the same issue in our country , it is knowable that the criminal legal relationship should be established on the"three-unit structure"among the public, the criminal and the victim. Meanwhile, the victim should be endowed with the legal independent personality. Extending the rights for the victim and upgrading victim′s status could not only strengthen the human rights protection but also help to realize the overall justice in the criminal judicature . Therefore, being part of a weak group that the public generally concerned , the right protection of the criminal victim should be proposed to agenda.The range of right protection of the victim is involved in three parts : the real rights that the victim has legally; the litigation right to protect their real rights when they are violated ; the protection and supervision from the procedure laws. Facing the defects in the protection of appeal right, legal aid, mental damage compensation and so on , absorbing the outstanding legislation experiences and practices in the same area in other countries ,we seek several ways to strengthen the right protection of the victim while in order to set up a harmonious and all-rounded right protection structure for the criminal victim. Firstly we should give enough respect to the victim and his personality to stop the victim from being hurt which is not only the premise for the criminal procedure to go smoothly and correctly but also the necessary condition to ease the victim′s injury and remove his hostile thoughts against society. Secondly, great importance should be attached to the right protection of the lawsuit participation. Many other rights involved with the lawsuit participation such as the appeal right are supposed to be added while more complete and wider rights to know are granted to the victim in the criminal procedure law ; Thirdly we should make some modification on the criminal procedure law to perfect the compensation to the victim through two following ways :one is to combine the compensation with measurement of penalty, the other is to bring mental damage compensation into the statutory compensation range ; Fourthly the rules related to public compensation need to be more clear and definite which ought to include the following factors such as the compensation object, qualification, amount ,fund recourses ,fund control, in which ways to compensate and so on ;Finally in the light of the reality that our legal aid system in the beginning period , it is significant to draft a law on legal aid to elaborate the right of legal aid that the victim has and take the issue into the overall consideration on the legal aid system. Meanwhile, it is possible for us to set up an organization to offer psychology inquiry, medical service, security protection and financial support especially for the criminal victim, which can in maximum protect the victim′s rights and interests.