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The Improvement Of Civil Rights Protection System Of Criminal Victim

Posted on:2012-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:M YangFull Text:PDF
GTID:2216330368480731Subject:Code of Criminal Procedure
Abstract/Summary:PDF Full Text Request
China is striving to build a harmonious socialist society with Chinese characteristics, while the emphasis on protection of Crime victims in civil rights is an important part of building a harmonious societyAt present, China attaches importance to protect criminal offenders legitimate rights and interests, at the same time it increasingly concernes about the protection of Crime victims civil rights, which is a necessary requirement for the progress of judicial judicature.But now China is mainly addressed in the criminal with civil criminal offender to solve the compensation problem to victims of criminal issues.Civil rights protection for victims of criminal legislation is far from perfect.There are many problems in judicial practice, such as the right to information of Crime victims is no tproteceted effectively;Participation of victims in criminal proceedings withoutreasonable protection;Criminal incidental civil compensation is in a narrow range and did not establish the right to relief by victims of criminal and so on. These problems have seriously restricted the enthusiasm of criminal victims to exercise their rights,and reduced their confidence by the legal means to obtain relie,which is not conducive to resolving social conflicts; at the same time the existing relevant laws and regulations is not perfect, it can not meet the victims of criminal actual demand.The criminal victim as a criminal case has long been in a relatively vulnerable position, undeing r the influence of focusing on substantive justice of the traditional ideas, their legitimate demands are neglected because of the public authority to fine the perpetrators.A lot of crime victims under the 1 life force had to start a new crime, from "being damaged," become the new perpetrators, this social problem must be paied attention.In addition, concerns the protection of civil rights of criminal victimis is an important part ofJudicial progress. Whether criminal victims can meet the legitimate demands of the relevant laws and their civil rights can be achieved are directly related to properly resolve conflicts between the criminal offenders and crime victims; it is also related to reflect and promote the basic judicial concepts of fairness and justice and our long-term stability and a harmonious society. At present, countries in the world are working hard on protection of the civil rights of criminal victims and strive to further improve the system from the legislative to the relevant provisions in order to reflect effectively the protection of human rights and to achieve fairness and justice, which is the historical development trend of the Criminal Procedure Law.This article intends to adequately address the improvement of criminal victims of civil rights protection and analyize the oreign advanced practice and lessons about protecting civil rights of criminal victims. And then it pointes out relevant problems about China's current legislation to protect victims of criminal civil rights;And for the lack of existing legal provisions and Judicial practice,it provides Recommendations to improve the protection of civil rights of criminal victims with five aspects,ie protecion the Right to information of criminal victims, Right to participate in the proceedings, Expand the scope of the criminal with the civil compensation, Further clarify the legal status of crime victims, Crime victims by establishing the right to relief.which is used to promote the protection of civil rights of criminal victims to further development and improvement of the system.
Keywords/Search Tags:Crime victims, Civil rights protection, System improvement
PDF Full Text Request
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