The Victim’s Rights And Interests Of Our Prosecutions Case Study Of Security Policy

Our1996"criminal procedural law" the revision established the victim in the party position, significantly enhance the legislation in the victim protection, but in homicide victims protection and relief issues with foreign development situation is still a big gap, in practice, there are still many problems to be solved. Owing to the homicide victims compensation and social protection system establishment restricted by many factors, which makes for homicide victims concern over the problem in criminal lawsuit, natural to transfer. But in China, the victim of legal status in criminal lawsuit, but due to higher theoretical study lags behind, the legislation technology and the actual situation in our country, the law provides that the restrictions exist quite a lot in the practice of the victim defects, difficult, judicial participation tattle difficulty and didn’t get practical solution. Therefore, this article through comparative study will be main from procedures and entities in two aspects of the homicide victims of rights proceed through research and discussion, hope the reference of foreign valuable experience, so as to improve and perfect our country homicide victims protection purposes.Part one:As the cornerstone of writing from the victim, the author firstly the meaning and characteristic of the two aspects of relevant homicide victims discussed the basic problem, and then from the procedural justice, substantive justice, guarantee of human rights, balance litigation interests harmonious society and demonstrates the five aspects to homicide victims rights to protect theoretical basis.Part two:Based on the typical representative of the socialist country in Britain and the United States two countries, the typical in socialist countries the powers of two countries representing Germany and France to homicide victims rights and interests protection practice, then reveals that the introduction of foreign prosecution case victim rights and interests protection status and success experience.Part three:From criminal procedure and substantive relief shortage of relief system, analyzed the two missing at present in China homicide victims protection and relief deficiency, including program include:a lack of remedies for investigation organ, criminal victim not filed lack of effective legal remedy decision; Second, criminal victim is involved in the prosecution procedure and shortcoming of the restrictions on attorney rights; Three, criminal victim is not perfect; the indictment power Four, China’s current criminal reconciliation policy practice is insufficient; Five, the trial in sentencing phase of criminal victims the role is ignored; Six, did not give the criminal victims of litigation; Seven, criminal and the death penalty review procedures to the neglect of criminal victims; Eight, the criminal victims were excluded from the executable program besides. Substantive relief system including: the lack of a criminal victims the right economic misdeed limited; Second, the lack of state compensation liability; Third, the lack of the aid system of criminal victims. On the analysis of the our country homicide victims protection shortcomings, the author further revealed after caused for the current situation is.Part four:In analysis and reference foreign successful experience and the relevant academic research results, and on the basis of proposed by professor Chen ruihua absorb victims in criminal proceedings in "the four litigation structure" mode as a starting point, on the third part program and entity disadvantages of some, through to the pretrial procedure, trial of penal execution stage, countries, such as the social assistance, compensation programs and entity established and perfect the many aspects to the author attempts to homicide victims rights protection purposes.