On The Protection For The Criminal Victims' Civil Rights

China has strengthened the protection for criminal defendants'rights from legislation and jurisdiction for several years, which is a big progress in human rights safeguards. But on the contrast, the protection for criminal victims'lost the balance and didn't get great development. The protection for criminal victims'civil rights is an important aspect in the protection for criminal victims'rights. The victims'have suffered personal injuries, material losses, moral damages from criminal acts, which must be got compensation and indemnification. Actually now in China most victims didn't get them or enough. The article explores the protection of criminal victims'civil rights by analytic and comparative methods and hopes to establish more systematic and effective protection systems in China in the future.Firstly, the article introduces the relative concept of protection for criminal victims'civil rights, and clarifies that the victims mentioned mean the natural person and organization suffered from criminal acts. Protection for criminal victims'civil rights are remedies for their civil rights because of criminal acts, which include two ways: one is compensation by criminals, joint tort-feasors and the third person liable for the injuries; the other is indemnification by the state. In the first way, there are also two kinds: one is through criminal judgment by the court which decides the defendant to make restitution of illegal gains, the other is the victims'suit for the compensation. The article also elaborates the necessities of protection for criminal victims'civil rights, and introduces present relative systems of protection for criminal victims'civil rights and points out existing main problems.Secondly, the article introduces abroad systems of protection for criminal victims and lays emphases on the victims'bringing the suit and the state indemnification. Abroad systems of the victims'suit for compensation can be divided into two modes by methods of claim, that is, incidental action and parallel action. The incidental action permits the victims bring incidental civil action in criminal proceedings, and the parallel action make the victims only bring another damage suit after finishing the criminal proceeding, which means civil suit and criminal suit are parallel. The article analyses the advantages and disadvantages of these two modes, then introduces the abroad system of state indemnification.Finally, the article puts forward the viewpoints of establishing the modes of protection for the victims'civil rights according with present Chinese national conditions, discusses the principles corresponding to these modes, and brings the detail imagination, then advises that there are three aspects to improve the protection modes:(i)preserving the style the court directly decides the defendant to make restitution of illegal gains in the criminal judgment;(ii)improving the existing system of incidental civil action in China;(iii)establishing the system of state indemnification.