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Application Status And Consummation Of The Victim's Statement In Criminal Suit

Posted on:2010-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:N LiuFull Text:PDF
GTID:2166360278473338Subject:Law
Abstract/Summary:PDF Full Text Request
Recent years, with the revision of the Chinese criminal laws and the establishment of the concept of procedural fairness, protection of the victim's rights get increasing attention and protection. At the international level, strengthen action for victims in criminal proceedings is also the development of an irresistible trend. Be one of our independent statutory evidences, Victim statements research is less in the past, but is conducive to the introduction of new ideas and explore the topic, so for the victims of some statements of this important subject in-depth research and exploration . Reasonably define it in the future criminal evidence legislation status, play its role has important significance.China's "Criminal Procedure" has conferred victims' status of the parties, added a series of victim's right of action, and strengthened the protection of victims' litigation status. This is a major step forward in our country's legislation. Accordingly we can consider that the victim involved in a case, the suspect and the defendant in criminal proceedings has been attached the same attention. Throughout the process of the judicial practice, China's People's Court has basically implemented the "Code of Criminal Procedure" spirit of protecting the victims' right of action. However, because of China's rare statements about the legal provisions of victims and the bad operability; besides, the legislature did not design a detailed provision or system of the relevant statement of the victim, this leads to no legal basis for the phenomenon of emergence.This article attempts to explore the value of the victims' statements under legal environment through knowing the theory and application status of the victims' statements. Victims and criminal suspects and defendants are parties to the case, they should be given equal attention and improvement. With the operation of the laws in social life, the victim stated defects emerged. In this thesis, I introduce the basic problem first, and then discuss the statements of victims in real life, combine what happened in our real life. We concerned about public security and judicial organs at practice staff inadequacies and should also know the victim's own statements that may down the weaknesses. With the process of the application of evidence, the most important is improving the legislative norms of the victims to avoid mistake. In our country , create the rule of law country and lawbreakers must be dealt with should be strictly obey.
Keywords/Search Tags:Litigant, Victims, Victim's Statements, Operability
PDF Full Text Request
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