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Criminal Victim Assistance System

Posted on:2006-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z XiaFull Text:PDF
GTID:2206360155961238Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With upgrade and development of movements of victims' rights, in the middle of 20th century, the science of victims has already become a new science of criminal procedure in criminal action, how to strengthen and guarantee procedural rights actually has already become a hot problem concerned by theoretical and practical circles nowadays. Every country in the world is making reforms of criminal judicial policy of aiming at raising procedural status of victims and strengthening protection of procedural rights.In order to accomplish the criminal procedure aim of guaranteeing human rights and punishing crimes, accomplish the criminal procedure value of impartiality and procedure efficiency, the victims suffered from the essence ,the community, the economy and the body injury, they need to treat, lest the injured party might come to turn into the habitual victim, mental disorder sufferer, offender or form the community abnormal disposition. Hence, in the course of criminal action, the criminal victims have rights to receive the necessary materials, medical, psychological and social assistance from police, justice, health, social service and other concerned person throughout the legacies. In a word, it is very important to research the institution, content, way, requirement and procedure of the assistance of criminal crime.On the basis of the comparison with foreign assistance system of criminal victims such as the England, the U.S., Japan, Korea, Germany and France and so on, we can get some relevant experience of the assistance system. For example, social assistance is relatively developed in England; the court pays for the loss of the victims with the shape of the reparations cause. There is special safeguarding law to victims in the U.S., in which detailed protection step is regulated about the assistance institution. In Japan, there is no independent criminal punishment and essence compensation that is decided to the reparations. In Europe, Germany does well in the character private matters that one wants to hide, and the community assistance is alsocomparatively more actively. The reparations request includes the essence damages compensation. Besides, there are some correlative regulations in UN articles and international pacts. These distinguished features that every the state nation has can conquer the well base in the interest of our country reference.The assistance system of criminal viticms ought to accord with these extrinsic value, such as punishing criminal and safeguarding the rights of man, achieving the litigation fairly and improving the program efficiency, enriching impartial entity and so on. At the same time, it will also conform to the necessaries in extrinsic value, for example, the humanitarianism demand, etc. Thanks to our country being the socialism country in developing, choosing assistance ought to follow the rights of man equilibrium guarantee rule and the fair rule.Currently, there are many defections and faults in legislation and judicature practice. Firstly, the economy assistance of victims is insufficient, the compensation of victim are not perfect, and there is no country compensate system. Secondly, the community supporting theory is insufficient, and the practice is not ideal. Thirdly, it is lack that the assistance of the special criminal victims, for instance the homicided, the raped women and the underage victims. Lastly, the law assistance is contrast developing somewhat in the past, yet it is defect in the practice.Of course, establishing the assistance system of criminal victims exist restrictedly factors, we can't accomplish it in an action. We should analysis concrete situation. We should design and concept each assist style in detail. First of all, Country compensation of criminal victims ought to be established in the economic assistance, meanwhile; we should improve the accused reparations scheme to the victims. Secondly, we ought to overcome various harmful elements, and establish the community assistance system popular, and strengthen the support to their psychology. Thirdly, we should assist the special victims in series of manners. Finally, we ought to perfect the law assist system on behalf of the crimimal victims.
Keywords/Search Tags:crimimal victims, the right guarantee, economic assistance, law assistance
PDF Full Text Request
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