Discussion On Right Protection Of Crime Victims And Perfection Of Relief System

At present, the right protection study of criminal suspects, defendants, offenders'human rights, lawsuit right by the criminal law scholars in our country are often in battle cry and the interests of victims are mentioned little, even despised and ignored by society. As a legal worker as ombudsman, I always come across such matters when I deal with petition cases: victims are not only inflicted heavy losses on body but also on mind after invaded by criminal cases; in addition, some offenders have limited compensation capacity, and even no compensation capacity or no compensation willing, so nothing can be compensated for the losses of victims on economy in most cases. In real-life judicial practice, according to legal rule, the judge will determine the amount that should be compensated by defendant by means of judgment, but for such incidental civil judgment, the probability executed nearly closes to zero. The defendants are put in prison due to crime, this is a proper punishment for their bad behavior; however, the victims do not deserve to be invaded, why can they only bear the injury on body and mind helplessly, and only heave sighs to the judgment that is unable to be executed? In judicial practice, a lot of case that the victim are lack of protection happened: the victims of the crime hardly complain; crime victims in the proceedings once again are injured; the material losses of victims of crime are lack of effective compensation for mental anguish; crime has once again been the victims of the crime against the person; as a result of lack of justice, victims of crime angrily turned to be offender. Because the offenders hold intentional attitude subjectively in most cases, the subjective malicious actions are larger, and only using penalty can be sufficient to balance the harm caused by their illegal activities, change their subjective malicious actions, and pacify the injury the victim suffered. After suffering criminal infringement, if the victims can not obtain right protection by way of public relief, they are bound to look for private relief, thus it's possible to carry out the attacks as revenge to the offenders and relevant persons, which may exceed the extent of infringement suffered, and then the role of the victim may be changed from victim suffering criminal behavior to offender executing criminal behavior. Ever since a long time ago, rights of offender are the focus concerned all along, but the rights of crime victims are neglected. On the protection of crime victim right is not only the protection of victim human rights, making up for the loss of the victims, console of the victim hearts injured in the necessary, but also the need to prevent re-victimization of victims, prevention of crime victims to transform to offender, control crime and prevent crime. Thus more rights must be endued to the victim to preserve the balance of rights between the offender and the victim. Series of procedural rights are endued to the victims to ensure that the victims can obtain national compensation; the right of self-defense in special circumstances is endued to the victims to protect the special victims, so that the right protection of the victims can be executed, and the balance of right protection between the victim and the offender can be realizes finally.This thesis is divided into four parts, more than 30,000 words and discuss around the protection of victims. Part-1 is an overview of criminal victims; Part-2 is the need of the victim to relief in China; Part-3 is victim protection legislation and implementation Comparison Services; Part-4 is China's right to relief to the victims of the crime and the prospect of improving the system.Part-1 is the outline of crime victims. From the perspective of the concept of the crime victims and the relationship between criminal law and the crime victims, it makes an introduction of the main characteristics of the victims of the crime and classification. Focused on the fundamental rights of the victims of the crime, summed up summed up the right to know, criminal procedure on the right to restore the rights of victims to seek, receive social support four broad categories, such as the rights of the victims.Part-2 is the necessity of the victim to relief. By an empirical analysis of the victims of the crime in our country, it puts forward in all six areas measures to relief the victims of the crime of human rights protection, social stability and the fight against crime, the state duty, crime victims and realize the profound the corresponding measures and the international criminal justice cooperation.Part-3 is the comparison of victim protection legislation and the practice. In accordance with the code of criminal procedure established by China's current criminal status of victims of the litigants, as well as the right to appeal given to the victims of the crime, the prosecution and the right to appeal the request of the provisions of criminal legislation of our country are a major breakthrough the status of the victims of the crime. At the same time, it reflects on our country's existing laws on the rights and relief to the victims of the crime legislation on the defects, introduces the United States, Europe, Australia, in the mode of protection of victims, the rights of the countries the victims of the crime Relief and legislative developments. Part-4 is the improvement and the outlook of the victims of the crime relief system. It described the practice of compensation for the victims of the crime legislation in detail in Heilongjiang Province, Zhejiang Province, Qingdao City, Shandong Province and brought the foundation for the victims of the crime legislation in our country. It brought a new concept of victim protection, that is: to establish an independent "vulnerable groups" concept to protect the victims, to establish "effective to ensure" the protection of victims of the new ideas, establish a legal system of the new ideas, establish a balance between the protection of perpetrators and victims of the victims protection of new ideas, to establish protective measures to protect the function and the second time after the murder of the victim to prevent the functional balance between the protection of new ideas. As the basis of a victim in our country, it sets up the compensation system, and improves our country of crime victims in the proceedings the rights and remedies and so on. one of the focus on victims in order to prevent the second time the victims of the crime for the purpose of the proceedings at the rights and remedies of the perfect system; national compensation system of legislative intent, the nature of, basic principles, applied, competent authority, compensation procedures and prospects.