Case Of Public Prosecution, Victim Protection Of The Rights

"You may guarantee oneself does not become the criminal accusedperson for a lifetime, but nobody can guarantee oneself does not becomethe criminal victim." This speech is very classical as well as popular.Then facing the massive criminal victim or the person who will becomecriminal victim in the society, how to establish safeguard system toprotect the criminal victim's right is becoming an urgent question whichto be solved, for it has much to do with each person. In traditionalcriminal prosecution, we paid more attention to the right of crimesuspect or defendant. Along with the call for protecting the human rightsafter two world wars, the people gradually realize that it isn't allowed toneglect victim's right. To safeguard victim's right is not to weaken thecriminal's right, but to seek benefit balance and fair between them.Because victim's original right to sue is displaced by the country in thepublic appeal case and the state monopolizes prosecution, the questionof protecting them appears outstandingly. This article is about to carryout research on the system of protecting victims.According to the related provision of the international standard, theright of the victim mainly includes four aspects: first, obtain the axiomand the fair treatment; second, acquire indemnification; third, obtaincompensation from nation; forth, acquire aid from other people or nation.Therefore this article will be mainly revolved the question of protectingthese rights. The victim's right of obtaining the axiom and the fairtreatment is a kind of procedural right, but others are the rights on theentity. So we must pay attention to both sides, like this we can form acomplete safeguard system and provide the judicial safeguard forconstructing a harmonious society.The first part talks about the right of obtaining the axiom and thefair treatment. The related international standards have made thestipulation about this. The manifestation to protect the victim's right ofobtaining axiom and fair treatment lies in two aspects: the victim's status and the lawsuit right. Although the Criminal Procedure law of Chinalocates the victim in the litigant, and has endowed him with manylawsuit rights, these rights do not tally with victim's litigant status andare difficult to be realized. Regarding this, on the one hand we shouldmake the localization of victim conformed to the reality. It is a rationalreturn to locate the victim in the special lawsuit participation. On theother hand we should take the safeguard system of protecting victim intoperfect in order to realize the right of obtaining the axiom and fairtreatment. First, cancel the provision which the public prosecutiontransfers the private prosecution. Second, consummate the relief systemwith regard to nol-pros, especially restrict the way to decided does not toprosecute after deliberation, which includes the restriction byprocuratorate and court. Then we will establish the relief system whichhas the Chinese characteristic. Third, make the right of agent who hasbeen entrusted by the victim perfect, such as advance the date that hecan join in lawsuit to investigation stage, and explicitly stipulate hisright and duty. Fourth, stipulate explicitly the victim's right of receivingthe copy of sue. Finally it is requested to consummate the victim's rightto ask the People's Procurator to present a protest.The second part studies a guarantee problem of acquiringindemnification. From the international standards stipulation to theoverseas legislation and the practice, does not have one is not ourreference standard. Comparing our country's stipulation with it, what weuse is civil actions related to the criminal procedure. This pattern hasmany flaws. First, it does not stipulate explicitly the victim's request ofsaving the property. Next, it does not have stipulations about advanceprosecution. Finally, the biggest flaw is that it doesn't bring spiritualdamages into damage scope, resulting in people's two kinds ofdissimilarities with two kinds of infringements compensate, which losecandor. In light of this, it is suggested that increases the followingcontents in the Law of Civil Actions Related to the Criminal Procedure:First, provide the saving property and preliminary execution which can be decided and be executed by public security organs. Second, stipulatethe advance prosecution. Third, integrate spiritual damages to thecompensation scope. Fourth, in order to cause the compensation powerfurther realization, imitate England to increase the compensationcommand the content. Five, carry on the compensation to the victim andstrengthen between the victim and defendant's mediation throughadvocated the recoverable judicial idea and the pattern.The third part constructs the safeguard system for compensating thecriminal victim. The international standards has stipulated explicitly thatthe victim has right to obtain compensation from nation and hasestablished the way how to obtain. Inspecting some foreign country'slegislation and practice, such as English, American, French and German,we can find that they all have related system about the nationalcompensation. However, our country is nearly a piece of blank in thisfield. In case of our country's actual situation, we have foundation toestablish the system. In order to establish the national compensationsystem, it is necessary to take the national responsibility as rationale,stipulate the principle by "Law of Criminal Procedure", andindependently formulate the "National Compensation law" or set up"Criminal Victim Rescue System" to stipulate concrete method.Moreover, we should begin to establish the national compensation orrescue management fund.The fourth part explores the safeguard system for compensatingcriminal victim. The legal help for criminal victim is started quite late inour country, and has deficiency. First, comparing with the defendant, thelegal help for victim is insufficient and incomprehensive, which onlyexists in examination prosecution stage. Although at present certainplaces has provided the rescue gold to the victim, it isn't popular in thenationwide scale. Second, the society aids for victim is lackedrelatively in our country. In this case, we should consummate the systemfrom two aspects. On the one hand, it is necessary to establish the legalhelp system for criminal victim, and extend it to the entire process of lawsuit or non-lawsuit. On the other hand, it is required to establish thesociety aids system for criminal victim, and make best effort to helpcriminal victim to make them feel the warmth from society.