Criminal Victims' Rights

With the development of criminal proceedings system and the research of human rights safeguarding, it embodies the legal protection for personal dignity and human rights, and reflects the trend of the world's developing as well. The victim and the prosecuted are two inseparable participants in criminal proceedings, comparing with the public prosecuting power, the two participants' position are inferior. To prefer to or to neglect to either participant, will break the balance of structure of criminal proceedings, it will prevent Criminal Law for the protection of human rights from being achieved. As to China criminal proceedings system, the decision-maker holds the opinion that the public prosecuting can give the victim's interests a thoroughly protection, so the system fail to pay enough attention to the protection of the victim's interests. In fact, it must solve many problems to turn the victim's interests from the law stipulation to the real rights, the situation lies on the lack of basic theory, in addition to the reason of system and the problems of legal practice.The protecting for the victim's interests, on one hand is the requirement of modern human rights theory being applied within the criminal proceedings section, on the other hand reflects the evaluation and the goal of system. Having ratified the Convention on Civil Rights and Political Rights, etc. and other international conventions, China criminal proceedings system will be unavoidably influenced by the stipulations and standards of the victim's interests protecting of international conventions, the developing trend of the victim's interests protecting of foreign countries, and the legal mechanism and evaluating principles of international criminal legal section. The thesis begins to discuss the topic by comparing the china system with the foreign ones, and to find out the difference among them. Then it sorts through and analyses the concerning stipulations for protecting of the victim's interests in china criminal law, to exam the deficiency in the china system, to find the defects, meanwhile it thoroughly evaluate the problems and deep-rooted reasons remaining in the china criminal promulgating and legal practice. Finally combiningwith china national conditions and legal practice, it proposes the blueprint of the china criminal system for protecting the victim's interests. The main points are as following: to further perfect the criminal promulgating in order to supply the victim with the double protections both from the substantial rights and from the procedural rights; to promote the legal knowledge of all nation's people, to strengthen the ethic guide for legal enforcement personal to protect the victim's interests, to subsequently set up a sound appealing system for the victim; meanwhile to broaden the protecting scope of the victim's civil rights, as to the civil compensation claiming attached to the criminal prosecuting, the court of law can make a verdict to remedy the mental suffering. In order to help to realize the victim's independent claiming right, it also proposes to award the victim's appealing right for the criminal verdict on some occasion, to perfect the entrusted representative system, to solve the problem lying in the civil compensation claiming attached to the criminal prosecuting, and additional systems should be established to safeguard the victim's every right such as: the legal aid system, the state remedy system, and the social support system for the victim in criminal cases. The thesis also discuss the importance for safeguarding the smoothly realization of the victim's interests, it will help to balance the conflict interest between the victim and the prosecuted, to soothe the victim's mental suffering, to adjust and regulate the relationships among the victim, the prosecuted and the legal organs, it is of great importance to diminish the harm of crime, to dissolve the civil disputes, to build a harmonized society. In addition, through discussing the protecting system for the victim's interests in criminal proceedings, it wants to change the china criminal promulgating principles from the state-based theory into the personal-based theory, to safeguard the legal justice and maintain the public order, so as to push the law governing and human rights safeguarding to develop to higher level.