Research On The Mechanism Of Guaranteeing The Criminal Victims' Privacy

As the basic human rights, the appeals have been getting increasing attention and acceptance by more and more countries in the field of criminal proceedings. However, in China, protecting the right of privacy for criminal victims is not enough. Criminal victims are always violated during the enquiring, body examination and trial. Legislation is serious lag. Jurisprudential circle has not researched the theory of privacy to criminal victims thoroughly .Therefore, it is important to explore the privacy guarantee mechanism for criminal victims. The mechanism of guaranteeing the Criminal Victims'Privacy is probed into with the methods of social survey and comparative analysis in order to consummate the theories of criminal proceedings, guarantee of human rights and civil infringement of rights.Firstly, based on the social survey and lex positiva of comparative analysis, this article briefly illustrates protecting the privacy of criminal victims, maintains the citizens' sanctity of personality, and is the inevitable demand for the justice during the criminal proceeding. It not only can avoid secondary injury, but also expresses the demand in criminal proceedings international convention for protecting human rights. Secondly, analysis the reasons of privacy violated i.e. the serious vacancy of legislation, the juridical authorities' improper judicial actions, the random news reports, and in lack of consciousness of protecting the human rights. By comparing with the common law and civil law countries and districts, based on referring to criminal proceeding's principle of international convention, China can learn the proper legislative model and judicial system form other countries. Finally, I will propose a series of specific measures about China's legislation, judicial system, media's regulation and enhancing judicial officers and criminal victims the consciousness of protecting the human rights.