On The Protection Of The Rights Of Criminal Victims

This article was divided three parts to carry on the discussion to thecriminal victim right protection.The first part of the protection of the rights of victims of criminal significance of the study was analyzed. Nearly half a century, the criminal status of the victim has undergone an obvious change, the protection of the rights of victims of criminal problems have become an increasing national attention to the development of a modern trend of the Code of Criminal Procedure. Legislative national laws on the protection of the rights of criminal victims is still very limited; In practice, victims are still a large extent, is still in solitary unable to help the situation. Therefore, the protection of the rights of criminal victims value of the quest is necessary and urgent. This article holds that the rights of victims of criminal protection is not only criminal proceedings and the inherent requirements of This premise is the basic point of countries to develop the Code of Criminal Procedure and criminal justice practice activities after. From crime and punishment purpose of the protection of human rights, the purpose of criminal proceedings manifested in two aspects: one is punish criminals through "penalty for the exercise of the right to found and confirmed crime, punish the perpetrators to safeguard public order, protection of citizens to the safety of individuals from the criminal acts against"; On the other hand is the protection of human rights, "the Code of Criminal Procedure on the operation of state power to impose all sorts of restrictions on procedures to protect citizens basic human rights." When the victims to protect their own interests in the criminal proceedings should have the right to be ignored, not only unable to alleviate the suffering of victims, suffered no damage Law compensate criminal penalties crime, the maintenance of public order is difficult to achieve the purpose. Therefore, the protection of victims is the realization of the legitimate rights and interests of criminal protection of human rights, punish criminals dual purpose of the inherent requirements. From the analysis of the concept of human dignity: the so-called concept of human dignity, this means all the characteristics of a person's life, society should respect him as a main purpose of the existence, not belittle him, slavery, he can not be regarded as purely others realize the purpose of the means of social purpose. Its elements include equality, autonomy, human dignity, etc.. The victim's dignity, in the entire history of criminal proceedings are being seriously overlooked. The countries have recourse, not simply restore the dignity of victims suffer, but for the sake of community and national interests, safeguarding the dignity of the victims were placed in a very inappropriate place. Through the victims will be able to rely on the judicial guarantees citizens reputation, dignity, life and liberty and property is not encroached upon the constitutional rights personification. From this perspective, the concept of the dignity of victims as profoundly reveals the Criminal parties should enjoy the rights of legitimacy. From the point of view of judicial practice: the protection of victims rights is the need to improve criminal legislation; The protection of the rights of victims is to prevent the "evil inverter", accelerate social purification, the need to ensure social stability; The protection of the rights of victims to identify the case, the proceedings raise efficiency, ensure that criminal proceedings smooth needs; the protection of the rights of victims, we should adopt the legal authority and prestige of the judiciary from the needs of justice values: in English, justice and fairness is a word (justise), it is natural to justice as a legitimate means of achieving justice. In China, and the judiciary is also linked to the incident. Just include litigation proceedings openness, the neutrality of the referee staff, the involvement of the litigation process, such as basic elements. Such a visible manner "is the participation. As the victims of crime victims, of course, he is likely to be the interests of the criminal magistrate direct impact on the main body, achieving the main victims of justice is the ways and means of access to criminal proceedings victims enjoy the right to participate in criminal proceedings. The Senate proceedings victims and it should be said that the right to a natural legitimacy: First, if the victim does not have the legal rights of the parties, will not be able to achieve the full participation of the proceedings, not all procedural elements of the dynamic process in play; Secondly, if we do not protect the rights of victims of the proceedings, not the protection of victims of the v. the involvement of First Instance, it is difficult to accept that the main conflict of conflict resolution results. Therefore, we must strengthen the protection of the rights of victims, victims in criminal proceedings confirm the legal status, and in the practice of criminal justice to ensure that these rights, are ultimately the promotion of criminal justice, efficiency, democracy to promote the realization of the rule of law. Law benefits from the principle of balanced analysis: the protection of the rights of victims, facing victims, the accused, the interests of the state and society as a whole weigh this triangular relationship with the issue of coordination. In this regard, it should be recognized that the victim "and the accused were all criminal proceedings should be Zun heavy and protection of the central figure, is completely independent of their rights can not be replaced, and safeguarding national interests and safeguard the interests of victims should be balanced "This is the inherent requirement of criminal proceedings, the modern national legislation consistent trend. victims rights protection and the protection of the rights of the accused should be equitable; victims with national interests, the interests of the community should be balanced;The second part has carried on the analysis to our country criminalactivity victim right protection present situation. First the lawsuitright which enjoys in the appeal case carries on the analysis to ourcountry criminal activity victim. Our country criminal activity victimenjoys the right includes: Reports the power, the right of complaint,the withdrawal by petition power, the request legal representative'sright, the participation lawsuit and publishes the opinion right,learned the related lawsuit information the right files thesupplementary civil action the right, in addition, according to theLaw of Criminal Procedure and the supreme court's judicialinterpretation, unfairly involves individual privacy the case to opentries, to rape the case victim whether appears in court to have to actaccording to its myself opinion to determine, the victim reports,accused time if is not willing to publicize the behavior which ownname and reports, the detection, the examination, the judicialorganization must for its conservative secret and so on. Next, presentLaw of Criminal Procedure carries on the analysis to the criminalvictim right protection existence insufficiency, present Law ofCriminal Procedure obvious insufficient has to the criminal victimright protection existence: To the appeal case victim's concept andthe scope, have not given to limit; Too are many to victim's right ofsuit limit, safeguard insufficiency; Has not founded the country tocompensate the system; Excessively is narrow to victim's compensationscope; The legislation and the judicature too are unspecific tovictim's legal help.The third part is this article key point. The author in view of ourcountry the question which exists in the criminal victim rightprotection, proposed reconstructs and consummates the victim rightprotection the frame: The criminal victim participation rightincludes: Safeguards the victim to not to put on record the decision,abolishes the case the decision, does not sue the right of complaintwhich the decision refuses to accept, the perfect appeal case, theprivate prosecution case, the appeal transfer in the privateprosecution case victim's right to sue, consummates the examinationprosecution stage to listen to the victim and its the agent opinionprocedure, stipulated the victim determines guilt the discretion ofpunishment power and finally states power as well as executionparticipation power and so on; Victim's prevention as well as therecovery right include: Reduces and avoids the victim pain as far aspossible, protects the victim privacy, guarantees its personal safety,entrusts with the victim the appeal right, safeguards victim's rightof petition, the expanded compensation scope, guarantees thecompensation to arrive, founds the country to compensate system and soon; Victim's safeguard right includes: To victim's legal help system,establishes to victim's society rescues the system, explicitly informsthe procedure to guarantee the victim to learn the information power,expands the agent to examine test papers the scope, cancels to theagent investigates evidence collection limit and so on.