The Study On The Right Relief Of The Criminal Victim

The 21st century is the century of human right protection. The right of the criminal victim had been responded by national justice system, since it woke up form the vision of the country last century, and the international standards of the criminal victim right protection are gradually taking shape. Taking judicial reform and amendment of the Code of Criminal Procedure opportunity, our China are making every efforts with positive attitude to move closer to the international standards of right relief for the criminal victim.After the crime against, the criminal victim have two basic interests which are punishing the offenders and achieving economic claims. The history of the realization of the right of criminal victim can be divided into the time of private relief and the time of public relief, and the public relief in modern society emphasizes on the full realization of the right of the criminal victim by given to eligible and reflecting the interests, that is to say, achieving the interests through relief mechanism like the criminal procedure and so on. The protection of human rights, criminal relief and procedural justice are the basic principles of the right relief. The criminal victim is one of the main bodies of human rights protection through criminal procedure, and the principle of criminal relief calls for the state power not only guides the criminal procedure, but also establishes relief mechanism, which can protect the economic claims of the criminal victim. The procedural justice calls for protecting the procedural rights of the criminal victim in lawsuit. The right relief of the criminal victim in the major countries of the world has something in common to meet their interest demands. These legislative practices, enjoying full rights in lawsuit and national aid are the extraterritorial experience which can be used for reference and transplanted by our China.Under existing relief mechanisms and judicial system, the right relief of the criminal victim in our China has some shortages due to some reasons including the inadequacy of notion, the low level of legislation and problems in judicature. First of all, the procedural rights of the criminal victim in lawsuit are so limited that can not correspond with the criminal victim' s status. Then, the realization of economic claims is limited too. The public relief in modern society, we should stress that the status of the criminal victim in criminal procedure can not be absent, and the responsibility of states for the victim can not be missed. The relief mechanism for the rights of the victim needs to response to the demand of the interests of victim. The perfecting of the right relief of the victim of our China should carry out the harmonize of the punishment and the protection, the combination of the extraterritorial experience and the native resources, and fulfill the procedural rights of the victim corresponding with the criminal victim' s status, establishing national compensation and the right of victim becoming constitutional rights.