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Legal Protection Of Victims

Posted on:2011-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:T S CuiFull Text:PDF
GTID:2196330332969153Subject:Service law
Abstract/Summary:PDF Full Text Request
The PRC Criminal Procedure Law has moved a big step forward in terms of victim protection; pitifuly, such movement is limited since there is no systematic provision and it lacks feasibility. To define the victims as a party to a criminal proceeding is obviously a progress; nevertheless, imbalance still exists as a result of system imperfections. Accordingly, the writer will, base on the legal significance of protection of victims, and through anglicizing, theoretically and practically, the weaknesses on the current victim protection system, provides and suggests improvement measures thereto.The writing consists six chapters and is with a total wording of twenty thousands.In the first chapter, the writer will elaborate the legal significances of victim protection through 7 aspects, such are the pursues of human right, the improvement on remedy system, the building of harmonious society, the enhancement of government's public credibility, crime control, the need to cooperate with international criminal judicial system and the facilitation of criminal reform. In the second chapter, the writer will concentrate on the existing weakness of the protection system by analyzing in detail the lack of litigation right of the victim, the lack govermental remedy and under-developed social remedy.In the third chapter, the writer will elabrate and demonstrare the causation of the current imperfection and weakness in terms of under-developed legal ideology and philosophy, substantially delayed theoretic response to practice, over-concentration of government power, and the pursuance of judicial utilitarianism.In the forth chapter, the writer suggests 10 improvement measures and gives an in-depth analysis on each of such measures; they are, defining constitutional protection, improving self-litigation system, conferring appealing right, promoting human right protection, perfecting criminal remedy system, establishing national remedy system, establishing victim protection system as well as the investigation, statistica and publishing system. It is in the writer's opinion that, victims will only be well protected upon a comprehensive and propertly structured social protection system.
Keywords/Search Tags:Crime, victim of crime, legal protection
PDF Full Text Request
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