The Study Of The Victims' Rights And Interests Guarantee On Investigation Stage

From a global point of view, all the countries pay attention to protect rights of criminal defendants. In contrast to this, rights of criminal victims have been ignored for a long time, which were changed by the rise of victim logy until middle of 20th century. At the present time, most studies on rights and interests guarantee still rest on examination and prosecution as well as compensatory transfer, while there are few ones on investigation stage. According to investigation stage, great efforts are made on rights and interests guarantee of victims. Beginning with fundamental theories of victims, the author analyzes the position and rights of victims on investigation stage, explores defects of rights and interests guarantee of victims in the criminal procedure in present China, and gives the related judicial suggestions.The first part is the outline of rights and interests of victims. There aspects are: the definition and contents of rights and interests of victims, the necessity of strengthening rights and interests guarantee of victims, and the present situation of foreign criminal victims on investigation stage as well as the significance of rights and interests guarantee of victims.The second part is about the lack of rights and interests guarantee of victims on investigation stage in China. By studying criminal procedure law, related laws, judicial interpretation and judicial practice, the author finds that victims enjoy many rights. These laws are very important for defense of the victims'rights. However, at the same time, the author points out that there are many defects in rights and interests of victims on investigation stage. Firstly, the lack of accusation right. Public security organs do not register the case. It is difficult to carry out it when victims turn to procurator ate for supervision. So the difficulty of sue could not be solved totally.In fact, public prosecution becoming private prosecution shifts the burden of adduce evidence. Secondly, the lack of victims'participation right of investigation. Victims have the obligation to assist investigation organs. However, investigation organs do not investigate the clue that victims provide, and victims can not get relevant relief. Thirdly, the lack of right to know. The right to know is the basis of rights and interests guarantee of victims. On investigation stage, investigation organs often deprive victims of right to know by the reason of investigation secrets. Victims can not know the progress situation of the case. Because of unconsciousness, criminal victims lose the chance to save themselves. Fourthly, the lack of victims'authorized procuration. For suspects, the rights of both sides are not equal. Meanwhile, the author analyses the benefit of rights and interests guarantee of victims'procurators. It is useful to build the relationship between police and common people. Fifthly, property preservation and the preliminary execution institution are included, because most criminal victims could not get the deserved compensation for the infringement. Sixthly, the lack of claim of reconciliation. Victims are the final receivers of criminal offence. The implement of claim of reconciliation can effectively save the cost of lawsuit. Seventhly, the right of compensation on investigation stage. The importance is the betimes of criminal compensation on investigation, which can show humanistic care of law.Based on the defects of rights and interests guarantee of victims on investigation stage, the third part of this thesis discusses how to improve the rights and interests guarantee of victims on investigation. First of all, the institution of victims'judicial examination should be established to perfect victims'rights of participation and accusation. Judicial examination can effectively protect the right of victims, and supervise investigation organs carry out case investigation in time. Secondly, the right to know should be improved through the rage, content and procedure of the right to know. Thirdly, the victims'authorized procuration should be improved. Fourthly, property preservation and the preliminary execution institution should be included on investigation stage to ensure the judgment. Fifthly, reconciliation system should be used to give victims more rights to participate and decide, and seek more harmonious way to solve the criminal disputes. Sixthly, the institution of national compensation for the victims should be established. From the aspects of conditions, objects, ways of compensation, criminal compensation for victims should focus on betimes of compensation, which show our country's humanistic care for criminal victims.