Protection Of Rights, Victims Of Crime

It is significant to focus on the injured party and its droits protection in view of criminal litigation. The history about droits of the injured party, the comparison of foreign legislation and the actuality, establishment and perfection about droits protection of the criminal injured party in China are estimated in this paper, and it is expected to bestead the study about droits protection of the criminal injured party in China.Droits of the criminal injured party develop from high level to low level from the beginning and improve gradually. In contemporary criminal litigation, droits of the criminal injured party in different countries are various because of different judiciary systems.The study about droits protection of the injured party is necessary and urgent. The significance of the study is deep analyzed in several aspects including the purpose of criminal punishment and ensuring human rights, values of judicature justice, the principle of legal interest equality, the dignity concept of human beings and judiciary practice.Remarkable progress has been made in droits protection of the injured party since Criminal Law was modified, and the injured party becomes the party of criminal litigation and has rather comprehensive litigation droits. But there are several kinds of shortage about droits protection of the injured party in current Criminal Law: 1) The concept of the injured party in public prosecution is not defined; 2) There are too many restrictions in litigious right of the injured party, but there is lack of protection in it; 3) The range of compensation for the injuredparty is limited; 4) No system of compensation in China is established; 5) The legal aid to the injured party in legislation and judicature is inane.The fifth part of the paper is important. The writer suggests reconstructing and perfecting the structure of droits protection according to existing problems in that of the criminal injured party.- 1 ) participate droits of the injured party including: protecting accusation right when they have exceptions to decisions of no placing a case on file for investigation or trial, quashing case and nolle prosequi, perfecting prosecution right of the injured party in public prosecution case, private prosecution case and the case from public one to private one, perfecting the procedure about hearing of suggestions from the injured party and its surrogate, and defining the rights of punishment determination, final statement and execute participation of the injured party; 2) droits of prevention and remedy to the injured party including-, reducing and preventing pains of the injured party as possible as one can, protecting privacy of the injured party, ensuring safety of the injured party, providing and protecting right of appeal of the injured party, enlarging the range of compensation and ensuring the implement of compensation, establishing national implement system. 3 ) droits about protection of the injured party including: perfecting the law for legal aid to the injured party, establishing social aiding system to the injured party, announcing procedures expressly to ensure the right of the injured party to know information, enlarging the range about reading records of surrogates, canceling the restriction about rights of investigation and evidence collection on surrogates.