The Research Of State Relief To The Victim In Criminal Case

In the modern society, it is country that represents criminal victim to take the responsibility into reality which means binary system"country to criminal"is accepted by most of the countries. In this kind of condition, in front of state machine which represents public power, people's attention are always on the protection of criminal and defendant instead of victim. As people are always have the idea"Protection of human rights"and"Procedural justice", many rights becoming sure in Constitution and criminal law, such as silence right, not Self-incrimination, not Illegal torture and Defense Equally, that is to say criminal protection is coming into reality. While victim's situation in criminal case are not the same. There is an old saying:"while there is crime, there is hazard and relief", victim in criminal case shouldn't be ignored marginalized, under the guidance of"justice"and"balanced protection", victim's rights should also be protected.Our country's missing of state relief to the victim in criminal case leads the dilemma of victim in criminal case. Criminal litigation with civil litigation fails to taking effect because of poverty of criminal, so victim and his family members having help of law only on the paper instead of coming into reality, they can only have pain in their own hearts. Even some people are hateful to all the society and become criminal. This kind of condition can do some bad to the protection of human rights and harmonious society.State relief to the victim in criminal case is made by our country's nature and task, also requirement of harmonious society. This needs the help of legislature, judiciary, executive, charities and citizens. Thus this paper will begin with the history and theory of state relief to the victim in criminal case, analysis significance of state relief to the victim in criminal case, introduce our country's current conditions and offer suggestions on the establishment of state relief to the victim in criminal case owning our country's special features. This is just the time of promulgation of《Society Relief of People's Republic of China》(Draft for Comments), may this can help the establishment of state relief to the victim in criminal case in our country.This paper includes four chapters.In chapter one, the development in history and the theory of state relief to the victim in criminal case. Any case owns its theory and development, of course the victim in criminal case is included. This chapter introduces state relief to the victim in criminal case firstly which develops quickly in capitalism economy after World WarⅡ. In condition of national concern-based from country to society and the impact of"justice"and"equilibrium of right protection"theory, the relief to the victim in criminal case developed very well especially in developed countries until the eighties and nineties in the 20th century. This paper introduces the theory of state relief to the victim in criminal case secondly, including the theory of state responsibility, state welfare, state stability and state relief. This paper suggests that state responsibility should be dominant while the advantages of other theory be the support. At last, this paper demonstrates the legitimacy of state relief to the victim in criminal case. Thus finishes the theoretical framework of state relief to the victim in criminal case in our country.In chapter two, the significance of state relief to the victim in criminal case and current situation in our country. state relief to the victim in criminal case can do some good to the cause of humanity and incarnates the spirit of humanity, do some good to proper cognizance, the normal process of proceedings and to society stable and harmonious. This paper demonstrates the significance of state relief to the victim in criminal case from the above point of view. In the following, this paper demonstrates law of state relief to the victim in criminal case in our country and the role criminal victim plays in proceedings. There are three aspects of the existence of criminal victim in our country. This paper demonstrates necessity and urgency to the establishment of state relief to the victim in criminal case which owns our country special features.In chapter three, current conditions of state relief owning special features to the victim in criminal case in our country. Any system's establishment is in condition of some current things, only this kind of system has vitality and adaptation. This part begins with the Constitutional basis for the state relief to the victim in criminal case, demonstrating state relief to the victim in criminal case is up to our country's nature and task firstly. Secondly begins with our country's Comprehensive national power and Economic base, demonstrating our country has the material conditions of state relief to the victim in criminal case already. Lastly begins with local practice and effect of state relief to the victim in criminal case, demonstrating it is just the time for our country to establish state relief to the victim in criminal case.In chapter four, thinking of state relief which owns our country's special features to the victim in criminal case. This paper includes three aspects. The first is legislation.《Rules for the Implementation of Stable Relief to Criminal Victim of People's Republic of China》can be established. At the same time, relief organization, object, process, amount and the sources of money should be established in details. The second is justice. Justice offers suggestions to state relief to the victim in criminal case to police, procuratorate and court, the interests of the victim in criminal case should be strengthened. The last is civil society. We can call for people to pay attention to the situation of state relief to the victim in criminal case, take them to the systems of charitable relief, offer their help and solve their problems.