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Criminal Victims' Rights

Posted on:2008-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:X L XueFull Text:PDF
GTID:2206360245976200Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The position is clearly and definitely given to the victim in our country's criminal procedure law, and also from the prospective of protecting the human rights and strengthens the legal system, there is the new regulation to the lawsuit position and procedural rights of the victim, as well as the protection of leigitimate rights and interests . However , with the national indictment principle, the defendant is at the disadvantage position compared with the nation, therefore, people pay more attention to the defendant rather than the victim. And because of that victim's interests is the homogeneity of national interests , the victim is neglected by people. In practice, the victim and the defendant as the parties of both sides in the lawsuit , we donot treat them fare, and even the victim's foundation right of the participation cannot be protected, thus the case on encroaching on victim's leigitimate rights and interests has occurring again and again . Can the problems that are the shotage of the victim's rights be thoroughly solved through guaranteeing the victim's position in the trial ? Is this a problem of technic of making law , or the problem of operating in the practice? It is worth for us to study, and the rights and interests of the victim also are badly in need of getting the better maintenance and protection . In this text, my aim is that after camparing with victim's position and right protection of the major nations of the world, and inspecting our coutry's position of the victim, to find the theory foundation certainty of inquirement victim party's position, then takes position research as the foundation, and has analysed the right as the victim of party should enjoy and at present the vacancy of victim's right is lost, exploring our country's victim right, what guarantees effectively perfect.
Keywords/Search Tags:criminal victim, procedural right, remedy, state compensation to the defendant, spirit compensation, society assistance
PDF Full Text Request
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