Criminal Victims Protection And Restorative Justice

Protecting the criminal victims'rights is always one of the hot issues concerned in the criminal procedural law field. Over the years, theorists and practitioners only committed to the studies of criminal victims'legal status and rights. They paid little attention to the recovery and realization of criminal victims'rights. In fact, criminal victims'legal status and rights are not all content of the victims'problems. Ending the lawsuit does not mean the problems have been completely solved. In criminal lawsuit, prosecuting criminal, to some extent, can make up the defect of criminal victims'rights protection, and then the recovery of criminal victims'rights will be in a helpless situation. I believe that the rights of victims should be recovered from rights and psychology of victims and discussed basing on it. The victim's psychological basis and caused the victim rights, eager to obtain in the psychology recovery, external performance for the spiritual and material double recovery, resulting in the identity of the victim's legal rights. In an attempt to clarify the victim's psychological basis, the victim rights and rights of recovery will be targeted to protect. The victim's psychological basis that includes two aspects, namely, revenge and compensation, which is also a unified opposition. Vengeance for the victim to have the lawsuit participation right, right to know, compensation for mental demands of the victim has the right to claim compensation for damages claim, etc.. Revenge is the corresponding retributive justice, and compensation for mental counterpart is the restorative justice. The victims'rights include the right of fair treatment, the status and rights, and rights of claiming for compensation. But the victims just want to revenge and get compensation subconsciously. Ensuring the victims' rights and psychological balance can make them be recovered from the spiritual and material aspects. The restorative justice, developing based on the restorative just, emphasizes that the victim and offender should be restored and compensated. It reflects the victims'psychologies of forgiveness and compensation claiming. To some extent, paying attention to the victims'psychological counseling and emphasizing the recovery of the victims'rights can correct the status of retributive justice. It attaches importance to the important role that compensation played in the victims'recovery. Combining with current situation of criminal victims'entity rights and procedural rights, guided by the idea of restorative justice, I think criminal victims'rights protection of our country should be improved in some aspects of enhancing the criminal victims'legal status and rights, establishing the system of criminal victims compensation system and reforming the criminal victims'compensation system and criminal victims and injures reconciliation system.The victim status of the litigation and litigation rights, China's current tripartite structure of litigation, that is, control, defense, cutting the main three parties involved in the litigation structure to protect the rights of victims in the criminal aspects of the dominant position of the victim there is limited, the participation of victims rights and right to information restricted, the victim and prosecutors to pursue different interests lead to fall victim rights and other issues. I proposed to control, defense, cut on the basis of three planar structure with the full participation of victims, the formation of a victim, prosecutor, judge the accused under the auspices of mutual restraint in the three-dimensional pattern of litigation, that "cone of litigation." This model has symmetry, stability characteristics, the structure of protection of the victims in the dominant position and rights.The victim's compensation system, the rights of victims to obtain compensation for an important part of restorative justice, the perpetrators of the active compensation to victims and their rights to recover the psychological key way, but China's current criminal with the civil system, there are no gives victims of property preservation and Enforcement in the application of the right, "the first sentence after the people" impede the judicial status of the victim file a lawsuit, Code of Criminal Procedure does not provide for compensation for moral damage and other issues, need further refinement.Compensation system in the country, the state victim compensation system, compensation system is a complement of restorative justice is the protection of the system have been carried out, in the case of victims to obtain compensation, the State should bear this responsibility, the author of the national compensation system the principle of compensation, compensation objects, such as the amount of compensation to make a few suggestions.In the criminal settlement system, the criminal is the victim and offender reconciliation "private partnership model," two-way recovery, reconciliation process, the victim of revenge and compensation to balance the mental, the perpetrators are self-confession and repentance, even by the victim's understanding, the psychological burden and crime have been reduced. Criminal settlement system of restorative justice is a major component of the current legal environment in China's view, the criminal settlement system has its inherent necessity and feasibility, but requires an equal and voluntary basis, improve the settlement system of the general procedurefor the rights of the parties to restore good protection.