Historical Survey Of Modern Chinese Criminal Victims Procedural Rights

This paper discusses the formulation and its development of legislation on the rights of the criminal victims during the period from the law amending at the end of Qing ynasty to the Nationalist government in Nanjing. With the disintegration of China's feudal system, the traditional Chinese aw system. which had lasted for thousands of years, gave way to the Western bourgeois law system. The law reforming and amending movement beginning from he end of Qing Dynasty continued after the establishment of the Republic of China. And with the promulgation and implementation of the Pandect of Six Laws by the nanjing Kuomintang Government, the transformation and modernization of China's traditional law was finally completed. In the meantime, also marks the legislation on the rights of the victims of criminal to maturity.Thesis choices this litigation rights of the victims of criminal history as a research topic, there are two reasons: First, the current law in China's modern unmanned specialized in the study covered this area, and it fills the gaps in Modern Criminal Research that have a certain novelty; Second, since the law amending at the end of Qing ynasty, legislation on victims rights of the criminal proceedings in the absorption from the Western legal system on the basis ,such as the main transplant gradually formed its own unique characteristics. In the modern transformation, it shows a special development laws. Based on this understanding, this article attempts to sort out the legislative council of the victims of criminal litigation rights, which can be found in China for the existing criminal justice reform.The full text is composed of three parts, In addition to introduction and conclusion, On the part of this in chronological order, divided into the late Qing Dynasty, the Beiyang government, the nanjing government during the three will be separately discussed in detail.The introduction is to be used for explanation to research problem. This part mainly expounds the purpose and meaning of topics, also include the collection and use of information. Limit the scope of study time. Intend to use parallel research method, to take historical materialism as the objective examination guiding, being in progress to criminal Chinese victim the modern times litigation rights.Ontology is part of modern that structured discuss on litigation rights of criminal victims in the formulation and development. Mark is three parts: one , the initial introduction of the system of litigation rights of criminal victims in late Qing Dynasty ; two, the development of legislation on the rights of criminal victims in Beiyang government; three, all-round maturity of legislation on the rights of criminal victims in nanjing government. The legislation content and the enforcement effect and their valuation on the litigation rights of criminal victim has been introduced detailedly in this tripartite , having swept away litigation rights of criminal victim basically developing, having demonstrated the victim legal action position how with society's changes , legislation technology rise , law concept renewal, from making free from taking seriously to reinforcing step by step , developing completely process.Finally, the conclusion and thinking of this paper. On the basis of comprehensive exposition, focus on the development of the legislation rights of criminal victims to sum up, and deep thinking, and discover benefit changes of the mining issue for the current code of criminal procedure.