A Study On Victims' Secondary Suffering Under Improper Judicial Acts

Since criminal prosecution's essence belongs to the criminal accused person's culpability, the criminal accused person has also become criminal prosecution's research center, meanwhile, the criminal victims are gradually marginalized. Above situation displays in: on one hand, the criminal accused person's responsibility for an offense is national and accused person's relation (appeal), criminal victim do not directly relate to this relation; on the other hand, the criminal victim only plays the role as a tool in investigation. Their lawsuit status has not been set with proper respect and their rights do not obtain the proper safeguards. So, the criminal victim's need to suffer twice injuries under improper judicial acts. Theoretically, the criminal accused person's rights have been enhanced to the constitutional altitude, but the criminal victim's right actually only pauses in our country Law of Criminal Procedure articles. The ignoring of victims' protection causes the criminal victim need to suffer twice in practice. This problem becomes more and more prominent. Starting at the improper judicial act and taking above situation into consideration, the author takes the second suffering problem into research with the hope of thinking of purpose prevention and the relief measures to safeguard rights of the victims.Including the introduction and the conclusion, the full text altogether divides into five parts, about 32, 000 words all together.In the first chapter, the author introduces the basic theories of unsuitable judicial acts and the secondary suffering of victims. The secondary victimization of criminal victim is defined as follows: as the related protected rights to victims and interests system's flaw, the victims suffer mental injuries from society, friends, family members and even the improper acts form judicial officer. The judicial improper acts come from the acts of judicial organ staff's subjective intentionally or the error violates its professional standard or the request, all reasons above cause the procedure is wrongly to be adopt or wrongly to judge in substantive law. The improper acts could be divided into three degrees according to victims' injure degree. According to scholar's research judicial act's classification has been divided into positive unsuitable judicial acts or negative unsuitable judicial acts. There are four characters of unsuitable judicial acts: those acts could be felt directly; the actors are specific, the suffering injury population is huge .Those acts happen in specific period. In the following part the author introduces the start—up mode, organization of confirmation, recognized standard and recognized time of improper judicial acts.The second part is the part with author's emphasis discussion. The primary coverage is about how this improper judicial act happens and its harm and the research significance to protect victims. The reason to research has the following four aspects: firstly, the wrongly location to victims; secondly, the legal rule flawed; thirdly, practice operation is distorted from the law; fourthly, the staffs of judicial organ acts the wrongly roles. Above all, the fourth part is the key narration part. In this part, the author deeply narrates the relation between the improper judicial acts and the roles of police, prosecutor and the judge. The negative effects of unsuitable judicial acts are as follows: those acts hinder the road to realize the aim of criminal procedure law, negatively effects the value of criminal procedure law, legal authority fair image, meanwhile, the unsuitable judicial acts also initiate new social contradiction.The significance to research the secondary suffering of victims under the unsuitable judicial act could be described as follows: first, strengthen protection to criminal victims; second, sets up legal the fair image and realizes the country comprehensive protection of human right duty by correcting the wrong practices.. Third, through deceiving the gap between reality operation and legislation, consummates our country's Law of Criminal Procedure system.The third chapter of this article is about the methods to protect and relief secondary-suffering-victims. In understanding level, we need to locate criminal procedure law' function accurately in order to strengthen protection to victim; in legislative stratification level, we need to endow related rights to victims according to their litigant status; in operation level, we need to establish investigation system with scientific ways and strengthen education to the Judicial organ staffs.Last but not lest, the author elaborates the ways to protect and relief two special kinds of victims, those two special victims are victims in sexual invasion cases and juvenile victims. Due to the specialty of the two, the special protections and relief methods should be carried on them. From the prospective of specialty and details, the author tries to construct the perfect system to protect and relief secondary suffering victims.