Course Of The Investigation To Protect The Rights Of Victims

With the improvement of the modem social civilization, the protection of the suspects in the criminal judicial systems of the countries all over the world is increasingly deepening too. In the procedure of investigation, from the relatively severe compulsory measures to the general investigative resorts, the countries all over the world set up the quite concrete power operation rules and the procedures of the suspects' right relief, sparing no effort to reflect the care to suspects' human rights. But for the rights of victims in the investigation, the investigative organizations haven't pay the due attention, and they haven't realized that ensuring the victims' rights not only contains the equal and just human right protection values but also will be in favor of investigation more, and it creates good prerequisite terms for further investigative function.Starting with the current protection situation of victims' rights, this paper analyses the defects of the protection of victims' rights in our country, on the basis of drawing lessons from the advanced experiences of the countries all over the world within victims' protection respect, putting forward the improved direction in victims' protection of the investigative organizations of our country. The paper combines some concrete activities in the investigative practices at present, through summing up and reviewing, which goes on pros and cons analysis, and it builds the right protection system of the investigative organizations of our country for the victims in the course of investigation accordingly.The full paper is divided into six parts altogether, amounting to 50,000 words.Part Ⅰ ,. " foreword ", the introductory words point to the subject directly, it has explained the motive and purpose of the writing.Part Ⅱ, " the genesis of the victims right protection ", the paper begins to discuss from the theoretical foundation of victims' right protection, which has probed into the necessity of protecting victims' rights, and through the review of victims' rights in current situation of our country, it has announced the realistic meaning in the victims' right protection further.Part Ⅲ, "the protection of victims rights at the stage of investigation on the current legal provisions level", in terms of legal provisions, has summarized the general protective measures to victims' rights in the statutes of our country, andthen it has displayed the relevant regulations of the victims' right protection in the laws of our country during the investigation. On the other hand, it has introduced special rules of U.SA, Germany, Japan, Taiwan and international judicial criterions in victims' protection (especially in the course of investigation). Through comparison and reference, the author finds out the weak points of the victims' right protection in the course of investigation of our country.Part IV, "the problems and cruxes of the protection of the victims rights at the stage of investigation of our country", has brought forth the deep-seated reasons that are unfavorable to the victims' right protection at these aspects which are the victims' status in our country, the value orientation and the mode of investigation, the allocation of investigative resources and investigative function, and so on. It has briefly expressed the author's pursuance in the improved goal of the above respects.Part V," the construction of the protection system of victims' right during the investigation", on the foundation of the above discussions, contacting with the investigative practices of our country, it has reformed the present victims' right protection measures from the two angles that the solving a case-oriented protection of the victims' rights and the balanced protection with the suspects.Part VI, " the epilogue ", it has emphasized the subject that the paper has discussed the victims right protection in the course of investigation, and it has reaffirmed the meaning of the protection of the victims' rights with the Milne's dictions about the equal protection of the law.