Defects And Countermeasures Of Our Country's Criminal Protection Of The Rights And Interests Of The Victim

Achieving social justice and safeguarding the stability of social order are thefundamental objects of law. As to crimes, law should give considerations to the interestsof criminals, victims and society, and should not emphasize one side too much butignores the existence of the others. Otherwise, it will lead to the forfeit of social orderand justice. Under the traditional litigious procedure of ex officio doctrine and theadversary proceedings, criminal proceedings emphasize the protection of the rights ofcriminal suspects and defendants excessively but have not put necessary attention to theprotection of the rights and interests of criminal victims. In and after1970s, followingthe rise of “Protect Victims Movement” in western countries, the status of victims incriminal proceedings has attracted extensive attention in academic circles.Strengthening the protection of the rights of victims in criminal proceedings has becomean important matter in the innovation of criminal justice in various countries. InNovember in1985, the United Nations adopted “The Declaration of Basic Principles ofJustice for Victims of Crime and Abuse of Power”, which promoted the development ofthe protection system of the rights and interests of criminal victims.In1996, China modified "criminal procedural law", established the litigation statusof criminal victim and increased the rights of withdrawal by petition, supplementaryidentification by petition and advocacy, which improved the protection of criminalvictim rights remarkably. However, as the research on the protection of criminal victimsstarted quite late and mature theory and protective system has not yet been established,the criminal victim rights in litigation activities can’t get full guarantee. In recent years,with the high incidence of criminal cases, the invalid protection of criminal victimrights has seriously threatened the construction of socialistic harmonious society.Therefore, how to establish a perfect mechanism to protect the lawful rights and interests of criminal victims becomes an urgent issue to solve.Based on the summarization of the rights of criminal victims in China, thisdissertation reveals the issues of the litigant status of criminal victims, the contentconflict between the criminal procedure law and civil law, and unsuccessfulsupplementary civil actions in the legislative and judicial practice. The dissertationanalyzes the issues on protection of criminal, concludes the defects existing in theaspects of legal concept, legislation, execution and victim assistance as well, and comesup with some suggestions for the protection of criminal victim rights from the litigiousparticipation, safeguard of the victim right, perfection of the victim compensationsystem, establishment of the victim compensation system, and improvement of thevictim assistance system.