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Study Of Criminal Victim The Right To Appeal Issues

Posted on:2009-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:R M YanFull Text:PDF
GTID:2206360248954394Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Hans Joachim Schneider,a Germany Scholar, in his "within the scope of international victims", said: "In recent years,it has done a lot of works for a criminal defendant do, and have given the defendant every assistance and support . This includes the freedom of legal representation, the vindication of the right to defence and many other services. "This, the United States outstanding victims rights advocates -Haar ? Haas made a brief statement: On the quiet night ,----- how can we explain the support of the criminal justice system .This system spent millions of dollars for our community in the riots, militants ferocious robber and spent on preparations for the criminals vocational training, school education, ambulance training, medical and psychiatric bodies every year . Such criminals based judicial system allow victims to carry a social, spiritual and economic losses of an additional burden. Crime and punishment to achieve the reunification of the protection of human rights is to achieve the purpose of criminal proceedings ideal state .In the realization of the protection of human rights litigation purposes, whether it is the rights of the accused or the interests of victims should be respected, this will benefit not only the correction of the accused, but also conducive to social reintegration of victims. Criminal monopoly by the State, not to permit private litigation. But if we do not establish a criminal can mean that the victims of the crime system, the Code of Criminal Procedure of non-nationals will be lost outside trust. Today, when the world has become a crime not curb pollution, people can not help asking: how to protect a victim, how to protect themselves. American "9.11" incident, China's explosion in Shijiazhuang, Hebei, such as evidenced that Anyone could become the innocent victims. Judicial practice, the crime on the victims and the damage caused by the ultimate victims of the limited compensation can not make up for the suffering of victims and losses.It is Modern theory that appeal is a basic human right and a national basic civil rights in the modern rule of law nation, with its independent existence. Modern theory stresses respect for the right of appeal fullly, the parties dispose of, the object of litigation by the parties to the main proceedings, litigation mode change from the terms of reference to the parties. Modern theories on appeal procedures for the use of the perspective, the parties are able to guarantee a timely and convenient manner by the court in the administration of justice enjoyed by the right to request, the case was to enable the timely, appropriate for the trial, and ultimately to a fair ruling and fine. Rejected any form of referees and without undue delay can be not tolerated. In the protection of victims of criminal appeal, China's existing legislation and the current system can not be described as full and rich, a victim of limited right of appeal to the full exercise of that of the reasons for the deep-seated fear that the rule of man should be re-excavated to the rule of law in light of traditional habits. And the reasons for the level in the past, it is due to lack of understanding of their right to appeal. This lack of awareness is reflected in legislation, the parties stressed that the court proceedings of the intervention, as well as restrictions on the parties to appeal. Therefore, it is a very important role that how to correctly understand the criminal victims in criminal proceedings in the appeal stage, to straighten out the criminal indictment institutions and the relationship between the victims and protect the rights of criminal victims. in order to strengthen the protection of the rights of victims, it is necessary with a specific system design, improve protection of victims appeal system . Based on this, the author should be advocated to the accused in criminal proceedings is too tilted the balance back to its rightful position, accountability and the right to relief parallel to highlight the law of justice in order to compatible with the punishment by referring to foreign victims of the criminal practice of the effective protection of right of appeal.
Keywords/Search Tags:National Prosecution, Criminal victims, Right of appeal, Balance
PDF Full Text Request
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