Research On The Protection Of The Rights Of Criminal Victims In China

In the long-term-oriented, Chinese criminal suit is criminal prosecution, As making law, which focus on safeguarding public interests and realizing the right of state penalties, but neglect to protect the suspect, the defendant and the rights of victims With the awareness of individual sense of subjectivity, the suspect and the defendant has been changed in china, but the rights of victims, who was invaded , still attracts little attention, who is called "forgotten criminal justice" gradually become a social group, which makes Justice system loss of balance With the development of The international cause of protecting the rights of victims, Chinese code of criminal procedure also pay more attention to the rights of victims than before, Indictable cases victims get "the litigant" status and endowed with many litigious right. However, compared with the international concepts and practice on the rights of the victims, the rights protection of the victims are still some shortcomings and gaps. Therefore, it's pressing urgent to improve the system of the rights protection of victims to heal the wounds.In this article, the author firstly summarizes the rights of victims, then analyzes current situation and gap of the rights protection of victims, achieve of specific idea on improving the rights protection of victim, which would drive the system of the rights protection of victim as possible. In research methods, it adopts Literature Review Act,Comparative Study,a typical case studies, historical research methods and so on, and focus on the use of authoritative statistics,the experience of judicial reform ,which strengthen the effectiveness of verification. the text innovation suggestion is complete the system of the rights protection of victim, and expand the range of Private prosecution,construct Criminal reconciliation system and Insurance system of criminal victims ,which works hard to become completely protected The on the rights of criminal victims entities and Process rights and interests: the first, complete and protect the victim's Right to participate in proceedings; the second, through completing the Civil criminal side, expanding the scope of private prosecution cases, the establishment of the criminal settlement system, the national criminal victims compensation system and insurance system for criminal victims, it is possible to remedy the spirit loss of the victim, and put the protection to the victim into Vision of the criminal law, which runs through all the Criminal Process and achieves a balance among the suspect, the defendant and the rights of victim as possible. whatever protecting Substantive rights of criminal victims or making the System of litigation rights, which always considers the actual needs and possibilities, inking to Chinese Conditions,current system,current law, paying sufficient attention to the possibility of all kinds of system, enhancing the operable of the system, avoiding separate to Chinese condition, seeking for the value of the research .The first part of the text briefly introduces the theory and system of protecting the rights of victim all over the world from Private relief force,public relief force to the combination between the public force and private force, and the summary on protecting the right of victim at aboard, modern criminal proceedings brought the core of the concept "Center of the accused" To the ultimate, ignored the status of Crime Victims. with the flourish of the research on the victims, the question which is base on protecting the right of Criminal Victims, is gradually attracted more attention. Criminal Justice not only pay attention to the fair to The suspect or the accused, but also consider the rights of Criminal Victims, which give the Criminal Victims a chance to appeal. The justice in fair administration of justice and bring a tendency to protecting Criminal Victims in the international arena, UK, other Regional international organizations and Relevant national have been increasing to seek in the aspects, and get some Substantive progress.The second part of the article describes the basic requirements and objectives on protection rights of the criminal victims, the status quo and defects of the system and the legislative analysis of the reasons of deficiencies. Criminal Procedure Law is also the law of human rights' protection In China. Crime victims can bring civil or criminal fringe filed a separate civil action to make up their own damage. Procedural rights of criminal victims still need to improve,Crime victims are not fully protected in the right of awareness, the right of constraints, and the right to appeal directly. Petition is extremely critical, and it accounted for a large proportion that a serious loss of the legitimate rights and interests of the personal property has not compensated. The grassroots level of incidental civil action in criminal cases is very low. The author believes that the national interests above everything else is the subjective reasons of criminal victims' interests neglected, and it is objectively because of economic underdevelopment that less than the protection of criminal victims. In the third part of this paper, a framework has been given to establish and improve the protection of the rights of victims in our Chinese criminal system in according to the legislative deficiencies. The protection of the rights of criminal victims is a measure of the degree of civilization of justice, democracy and science. It is unrealistic to achieve comprehensive protection of criminal victims in a certain kind of attempt. Many ways should be combined to the construction of the rights of security system of criminal victims under current conditions, to minimize the damage of the victims and protect the procedural rights of victims. From the physical point of view, substantial protection is the most urgent requirement to criminal victims. To make up for losses suffered by victims of criminal, first of all, measures should been taken to push the suspect or the accused to carry out active and effective compensation. It is necessary to improve the system of attached civil litigation and property preservation, full compensation can be given by the defendant, To expand the scope of the private prosecution and respect the choice of criminal victims, to construct the criminal settlement system and upgrade the status of the victims' litigation, to make up for the deficiency of implementation of civil litigation system. Secondly, It been needed to establish national compensation system of criminal victims who can't be compensated in other ways to help them back to the normal track of life, to establish Insurance system to improve the social assistance system of criminal victims. From a procedural point of view, strong procedures to protect the rights of criminal victims can protect the victims to be fair treatment in criminal proceedings and make the victims to impose a positive impact on the outcome of the proceedings. It is necessary to expand the scope of their owner proceeding rights, to strengthen the constraints of a decision not to prosecute, and to introduce of victims impact statements in criminal system and to take measures to prevent media "secondary damage" to criminal victims, etc.