Implementation Of The Victims Of Criminal Cases In China To Participate In The System Build Investigate

With the rise of the study of victims, legal status of victims and protection of the rights of victims has getting more and more attentions in the middle of last century. Although the status of victims in criminal proceedings had improved, the laws were still imperfect, the right of participation of the victim's criminal enforcement procedure was one of the problems. "Code of Criminal Procedure" of china provided kinds of rights for the victims in the filing, investigation, prosecution and trial stages, but the rights of victims in criminal implementation phase was a blank. In order to protect the right of participation of the victims in the criminal enforcement stage, this paper tried to explore the structure of participation system of the victims implementation. the paper included four chapters besides the introduction and conclusion.Chapter I was the basic theory about the participation system for the victims of the implementation. Firstly, introducing the basic concepts of the system of implementation and participation of the victims. Secondly, discussing the theoretical basis of the system construction. I proposed the implementation of victim participation in the three theoretical basis for system construction are the procedural justice theory, restorative justice and law enforcement theory, the function theory of penalty.Chapter II analysed the necessity and feasibility of establishing the system of the victim in the participation of implementation The necessity of establishment of systems needed to reflect the protection of victim rights and enforcement procedures to ensure fairness in two ways. With regards to viability argument, the author firstly introduced the positive experience gained from the construction of implementing participatory abroad, then gave some introductions about the situation of our other judicial and administrative authorities in practice.Chapter III mainly introduced the principle, steps and ideas of system of victims in criminal cases, preemptively analyzed the probable risks of the system implementation, that was : the interests of the correctional staffs was damaged, the relationship between the victims and criminals was further deteriorated and the cost of execution increased, then gave the countermeasures. This paper introduced the concrete contents of the construction about the execution and participation system of the criminal victims, which was part of the core. This article discussed the basis of the principle, the condition should be satisfied, the rights and the legal procedures in the actual execution and participation activities of the victims. The part of the procedures, which can be divided into startup procedures, participation procedures and relief procedures based on the development process of the execution activities, and this article gave the specific design about the segments that the victims could participate, the behaviors that the victims could implement and the matter that should be noticed in every stage.ChapterIV is the victims system implementation and system support mechanisms. Specifically include the participation of victims in criminal enforcement mechanisms and constraints involved in legal aid victims of the Executive System. This article attempts to explore the contents, procedures of each mechanism, etc.