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Dissertation On Crime Victims Of Proceedings On Legal Status And Rights

Posted on:2012-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2246330371482145Subject:Law
Abstract/Summary:PDF Full Text Request
Victims in criminal proceedings in one of the participants in the proceedings, is directlyaffected by crimes against the participants in the proceedings, the victim stated the contentdirectly from the facts of the case, is an important form of evidence for the guilty have apivotal role. Prevalent today in the state prosecution, an important function of prosecution is totry to restore damaged by crime, social order, that is sufficient to protect the interests ofvictims, so that from the second injury. Therefore, the victim’s legal status and rights is a needto give adequate attention problems, not only related to the smooth conduct of criminalproceedings, but also to the result of criminal conduct impaired the recovery of socialrelations.In China, under the current provisions of the1996Code of Criminal Procedure, victimsin criminal proceedings have12rights, such as for criminal acts against the right to avoid theapplication right, powers of attorney, aware of the right to require confidentiality, refused toaccept filing the right to determine the relief, request additional identification andre-identification of the right to review the prosecution’s right to be heard, an appeal against thedecision not to prosecute complaints up a people’s Procurator ate, the right of judicial officersviolated their legal rights and personal insults, abuse act against right, another when youngvictim was asked he have right to request the right to present their legal representative. Theprovision reflects China’s efforts to protect the rights of victims, but is still inadequate in manyrespects, to be further improved.In this paper, the concept of criminal victims precisely defined premise, clearly improvethe status of victims of criminal proceedings, the significance of strengthening the rights ofcriminal victims, victims of criminal history, legal status and rights system in order to comparethe perspective of the adversary learn from, powers doctrine, mixed-mode three main victimsof criminal proceedings under litigation status and rights of the analysis described, for victimsof China’s legal status and rights of criminal legislation and judicial analysis of the status,identify problems, targeted, put forward a sound legal position of victims of China’s criminaland rights of specific ideas and suggestions.
Keywords/Search Tags:Crime victims, Status of the proceedings, Right of action
PDF Full Text Request
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