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Prosecution Case Victim's Status

Posted on:2011-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:G T LiuFull Text:PDF
GTID:2166360308953797Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Crime victims are learning in today's unprecedented attention worldwide, but only the middle of the century ago, Crime Victims have long been subject to contempt proceedings even in oblivion. Since the Italian jurist Baccarat monograph, "On Crimes and Punishment," the publication of the rights of the accused in criminal proceedings was a high degree of attention, people afraid of the defendant in a weak position of public authority by the state of illegal violations of their human rights by the State brutally trampled the judiciary, called for the strengthening of the defendants have the right, and for litigants equally important one of the victims, but did not receive the same attention, the tragic status of its proceedings and there is no cause for sympathy. Outcome of the trial of the cases the victim has a direct interest, based on criminal acts by the physical and mental harm upon the victim has a strong prosecution and punishment of perpetrators of crime demands in a long time, the victim was the object of a lawsuit or As a general participants in the proceedings, rather than enjoy the status of the parties, their legal rights can not be guaranteed. Second World War, the worldwide movement to protect human rights in the rise and rise of the democratic movement, how the victim in the proceedings concern the unfortunate experience into the perspective of Jurists for, and ongoing efforts to study this subject to the sixties of last century, after Many countries have legislation to improve the status of victims in lawsuits, to expand its litigation rights, particularly in civil law countries, victims and defendants can be made essentially the same procedural rights, even some countries provide for criminal victim as a party to participate in criminal litigation, these measures have helped to protect the Victim Status. This article details the status of the victim started the system of litigation, by the article is divided into five parts to suit the status of the victim system analysis, the concept of the attempt by the victim, action types, characteristics and legal status of the victim detailed theory for the study of victims Procedural basis; In addition, this paper concept of rule of law and judicial practice in Europe and America are more mature countries, for example, cited the civil law and common law countries, legal representative of how the status of the litigation to protect the victims, hopes to learn from the West advanced countries of the legislative and practical experience, victims of China's position in the litigation status of rational reflection, and our victim Protection System help.
Keywords/Search Tags:victims, party status, lawsuit idea, litigation rights
PDF Full Text Request
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