The Penalty Right To The Protection Of Victims Deficiencies And Countermeasures

With the extensive development of the international human rights protection and the rise of the victimology research, the protection of the rights of victims has become an important objective in the reform of criminal justice worldwide.Following the trend of the development of the criminal law, China has paid more attention to the protection of the rights of victims, specifying the victim's litigant sataus in the revised Criminal Procedure Law. In judicial practice, however, victims do not enjoy the rights which he should have. In order to protect the rights of victims better,i will analyze the deficiency of victim protection from the angle of the state penalty power. This article is divided into five chapters, a total of over thirty thousand words.The first chapter introduces the identification of the concept of the state penalty power and the summary of the grounds of it. Based on a comparative analysis on the above theories I put forward my own views and insights. Then, the connotation and characteristics of victims are briefly introduced, and the victims that will be discussed in this paper are limited within a certain range. Finally, the change of the victims status in the use of the state penalty power is sorted out by studying the history of the relationship between the state penalty power and the victims.The second chapter mainly introduces the victims position in the use of penalty power in China and some representative countries. Only through historical comparisons vertically and horizontal comparisons among different countries can we have a clear understanding of the deficiency of the state penalty power in the protection of the rights of victims, and put forward some countermeasures by drawing on the experience of some foreign countries.The third chapter focuses on the status of the victims in state penalty power and its theoretical basis. Participation in the proceedings is a procedural right, only personally involved in criminal procedure activities, will it be possible for the victims to exercise other rights and safeguard their legitimate rights and interests. Compensation, to some extent, can restore the legitimate rights and interests of the victims and ease the victims'retaliation. The state compensation is a material compensation given to the victims in special cases, restoring the damage to some extend. And these rights are based on the need for fairness and justice, the need for updating the concept of crime and the require of the human dignity theory.Chapter four analyzes the phenomenon of neglecting or abusing of the victims rights and interests in the use of state penalty power. It is explained in three phases: formulation, sentence and execution. And the reasons for it are analyzed from four aspects.The fifth chapter proposes some countermeasures to improve the system of protecting the rights of Crime Victims. Firstly, the views of the victim as a statutory sentencing should compiled into the criminal code; Secondly, the victims'rights of participation in the proceedings should be improved; Thirdly, the economic claims of the victims should be improved. As for the claiming on the economic compensations, I advocate to give victims rights to choose procedures on civil compensation. Victims can make the best choice according to their actual situation.