On Criminal Victims' Rights

China's criminal laws have granted crime victims legal status and certain legal rights. However, victims and defendants do not appear to have equality in current legal procedure. Many are concerned that legal rights of under-privileged party are not fully excised, and there is also a gap between specified legal rights by laws and actual implementation of those legal rights during current legal procedure. Legal protection of crime victims in China started only recently, and imperfections and loopholes in current laws and legal procedures are not uncommon. After researching on many current academic views on legal rights and consulting related criminal laws in foreign countries, the author explores new ways to improve protection of crime victims' legal rights. This paper has three parts:Part I: Crime Victim Overview. A variety of views on definitions of crime victim is first introduced. The paper then goes through the history of crime victim protection, illustrating the down-and-then-up path of crime victim protection. Crime victim protection has once again become a hot topic. The paper also illustrates the legal basis for crime victim protection, which has its roots in legal equality, human rights, and crime victims' dignity.Part II: Current Issues in Crime Victim Protections. Deficiencies in both current criminal laws and actual legal procedures are carefully examined, pointing to the fact that crime victims do not have the same legal rights as defendants. Crime victims' rights for monetary compensation have so far been very much limited. Many factors, such as social value perception, actual legal procedure, personal bias, and legislation technicality, contribute to the deficiencies in crime victim protection.Part III: Improving Legal Rights Protection of Crime Victims. The author proposes that current legal procedure be improved, with appropriate considerations given to current legal reality in China and foreign precedents. By doing so, offenders will be punished properly and crime victims' legal rights will be better protected. Suggestions include educating crime victims about their rights, providing legal assistance, granting crime victims right to sentencing suggestions, granting crime victims to appeal, setting up national compensation system for crime victims.In conclusion part, the author points out that reformation in legal system alone would be very hard to ensure legal rights of crime victim, many corresponding changes in various areas need to happen too. Academic research on crime victim protection needs to be strengthened. With help from foreign legal precedents as well as their advanced legal research, a broad and in-depth study on crime victim protection needs to be carried out so that a better legal system can be established to ensure legal rights of crime victims.