Study Of Criminal Victims’ Claims

Corresponding right to compensation to the criminal victims claim this is thematerial and moral damage suffered by the victims and their close relatives criminalact against the perpetrators advocate. Legal nature, the victim claims is enjoyed bythe victim, civil entity of private law meaning claims. Divided into four chaptersexpand the argument:The first chapter is to start from the status quo of the judicial practice of victimclaims, the author has collected several representative urban victims claim the statusquo of Justice research report, the overall feeling, the victim claims the existence ofthe right to appeal can not be guaranteed. proceedings is "incidental" andcompensation for moral damage there is differential treatment, and many otherissues, most of the victim’s rights have not been substantive protection, the judgejurisdiction does not effectively highlight the limitations of the system.Launched a reflection of the Victims Protection Current Theories of the secondchapter the author, from human rights to justice, the progress is difficult to changethe difficult situation of the victim rights protection from retribution to relief fromthe criminal reconciliation to restorative justice theory, this should be respected theright to stay in moderate protection level, the victim claims in the face of strongpublic authority, intentionally or unintentionally, the annihilation, the idea of thesystem and the legal effect of the gap, alas. It is from this situation and theoreticalreflection, the author found that the inversion of rights may lead to the crux of theproblem.New perspective, the third chapter the author discusses the theory of the claimof the victim, the perspective of the decision system, the new theory of the victimsclaim on the basis of reflection on "the defendant is" justice model structures. Basedon this, respect for the rights, criminal law civil law, the value of the victims in theproceedings to take the structure of the theoretical system. That the victim claims isbased on fundamental rights have been infringed, and civil legal nature and should be respected, the right to appeal, the characteristics that make this the nature of thecivil law and tort claims no different, whether it is the judicial process or proven therule has its reference system.Chapter 4 discusses the pre-design of the system of the claim of the victim, thevictim claims to really be achieved, also requires two pre-conditions: a defendant’sidentity and cooperation; a victim in the conviction and sentencing legal action status.Therefore, to the protection of the victims claim, we need to build two front system,that is, compensation and punishment reciprocity system and victims ofunderstanding system.