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On The Criminal Protection Of The Rights Of Victims Of Indictable Cases

Posted on:2007-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:J C SongFull Text:PDF
GTID:2206360185972031Subject:Law
Abstract/Summary:PDF Full Text Request
Protecting the victims' legitimate rights is the purpose of punishing criminals and securing humanity rights in persecution. It is also the given rights to the victims as nature persons, which help to keep a balance between the accused, the victim and the state and shall in the end promote the realization of rule of law. A healthy stable social environment setting requires a sufficient empathy and protection to the victims.In Common Laws, the victims are not the litigation parties. They show up as witnesses in court. But generally speaking, Common Laws are well established in view of victim protection. In Continental Laws, victims are considered to be a party in the litigation, which enjoys exclusive rights of appeal other than the persecutors.Criminal procedural law stipulates that the victim is a party of the procedure and enjoys relevant rights accordingly. However, instead of exclusive rights of appeal, victims can only protest the result of the verdict, which invariably ends up in weakness of protection of the victim's right. Even if the victim may seek civil procedure for compensation, but there are some other limitations and conflicts both in laws and practices. There is no remedy from the government whatsoever to some victims of severe violence.The writer suggests that state compensation system shall be built up to protect the victims rights, ensuring the victim's exclusive rights of appeal and properly informed. Government compensation system shall be introduced to make sure damages can be redeemed and protected properly.
Keywords/Search Tags:Victims, right protection, research significance, comparison, reconstruct
PDF Full Text Request
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