Research On Protection System For Criminal Victims

As the ever deepening and perfecting of China's socialist democracy and legal system construction, all social circles pay more and more attention to the victims, domestic academic circles pay more and more attention to the investigation of protection system for victims, and related results come out gradually. All social circles have reached a consensus: Protection System for Criminal Victims is a needful important part of assurance of human rights. March 12, 2007, Sun Qian, deputy to the National People's Congress and Chief Prosecutor of Jiangxi Province Procuratorate, submitted the bill of enacting People's Republic of China National Criminal Victims Compensation Act to the National People's Congress, which has been listed in the preliminary legislation projects of 2007 by National People's Congress. The main question of our research and investigation is how to construct China's protection system for criminal victims. Through the researches on foreign protection system for criminal victims and contemplation over the problems existing in legislation practice, the author analyses and researches into the protection problems of criminal victims, and put forward the following designs and ideas. This article is divided into three chapters.Chapterâ… An overview of the Protection System for Criminal Victims. The author generally summarizes the Protection System for Criminal Victims. The origin and development of the Protection System for Criminal Victims has gone through the phases of private force relief---public force relief---combined public and private force relief, which is also a phase from the low-level to the senior, developing from barbarism to civilization, and conform to the objective laws of social development. The understanding of origin and development of the Protection System for Criminal Victims can let us fully understand its law of development, and thus guide us to constitute scientific and effective the Protection System for Criminal Victims. Through the introduction to the protection systems for victims of other countries, China's Taiwan Area and Hong Kong Special Administrative Region, we can see that not only the continental laws but also the British and American laws value the protection for criminal victims highly and constituted special victim protection laws, and even raised the proposition of writing rights into the constitution. This is the development trend. But due to a variety of reasons, there are still many flaws and loopholes in the protection for victims, which need to be improved step by step. Justice applies to the accused, and also applies to the accuser. When we are protecting the legal rights and benefits of the accused, do not forget about those of the victims. They have suffered more harm and pains, and need the care and concern of the society. Protecting citizen's legal rights and benefits doesn't only mean punishing crimes, but also strengthening soothing the victims'souls and compensation to their losses. And the definition of criminal victim is defined as: those individuals or units who directly suffer material losses or mental injuries due to crimes. However, if the direct victim dies due to suffering from crime, his/her direct relative (s) as spouse, son (s)/daughter (s) and parent (s) can be seen as criminal victims.Chapterâ…¡The current situation of China's Protection System for Criminal Victims. From the problems, shortcomings, disadvantages and defects of the five sectors as the hysteresis quality of the protection ideas for criminal victims, investigation stage, examination and appeal stage, trial stage and implementation stage of China's current jurisprudence community, the author elaborates defects and shortcomings in China's Protection System for Criminal Victims, and thus realizes the major significance of the establishment and perfection of Protection System for Criminal Victims. The long-time emphasizing of social harmfulness leads to national formation of ism of inserstatio. It's believed that criminal law is for punishing crimes; criminal suit is to prove the facts to be true and to apply penalties; it's the country's duty-bound responsibility to pursue criminals; the country realizes penal justice through the investigation by investigating organs, the prosecution by procuratorial organs and the conviction and measurement of penalty of the accused by the court. Judicial authorities even take the detection of cases, arresting suspects, prosecute the accused and bringing in the guilty verdict as the ultimate objective of criminal suits. Influenced by the above-mentioned concepts, in judicial practices, judicial officials do not let the victims take part in the whole criminal suit; the victims are not the persons involved, but only taken as common witnesses, whose views, evidences and opinions are seldom adopted. It directly leads to the the victims'desire for revenge and no meeting of compensation demands.Chapterâ…¢Perfection of China's Protection System for Criminal Victims. Through the analytic demonstration of China's concepts of protection for criminal victims and the existing defects, as well as the comparison with other countries'Protection System for Criminal Victims, on the basis of using related foreign systems for reference, the author puts forward propositions for perfecting China's Protection System for Criminal Victims: Legal aid system for criminal victims: Legal aid system refers to the country derates charges and provides legal aid in all aspects and at all levels of the operation of the judicial system for the weak of the society who have difficulties in protecting their rights by general legal relief means due to economic difficulty or other factors. The most direct aim of establishing the legal aid system is to protect the legal rights and benefits of the weak of the society and ensure the justice of judicatory. Protection system for criminal victims'right to know. criminal victims' right to know refers to the criminal victims have the right to know and understand the information as their legal status in litigation, rights in litigation, progress of the proceedings and the result of the proceedings, and so on. This system concerns the specific content, the exertion manner and relief manner of the right and the convenience and guarantee the opposite obligated main body should provide. No prosecution hearing system: it's like a bolt from the blue for the criminal victims to hear the People's Procuratorate's decision of not prosecuting the criminal cases. The decision of not prosecuting the accused will mean that the economic losses of the victims can hardly be protected nor can the criminal prosecution or the subsidiary civil action be started. The criminal victims have to step on the way of appealing to the higher authorities for help. The regulations of the current laws about the relief manners of the victims are too rough and have many disadvantages. In order to solve the above problem, the author believes no prosecution hearing system should be established. Criminal victims'appeal system: the essence of establishing criminal victims'appeal system is to give victims the right to appeal. That's to say, if the victims do not accept the first trial, believing that the conviction is wrong and the measurement of penalty is too inadequate, they can appeal to the higher people's court for re-examine of the whole case. Amends and compensation system for criminal victims: amends for the criminal victims refers to the victims'losses due to the crime of the accused shall be made amends for to make up the losses the victims have suffered. Criminal Injury Compensation refers to the country gives social security and judicial protection as a relevant compensation to the people infringed by crimes, including the direct victims and their close relatives in a relative scope, according to their requirements and through certain procedures. Criminal Injury Compensation is an important part of victim aid system. Aid for victims refers to the related activities of alleviating the victims'suffering and enhancing the victims'capacity of rehabilitation, which includes amends to the victims, compensation for the victims, the rights of the victims, the progress of the case, supporting groups, the mediation and reconciliation between the victims and the criminals, service hotline, and crisis intervention, and so on.Through the above analysis, we can come to the conclusion: the rights which are not relieved are not complete rights; the protection for rights shall be equal, whether for the victims or the accused.