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Perfection Of The Security System Of Criminal Victims’ Rights In China

Posted on:2014-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q JiangFull Text:PDF
GTID:2246330398979702Subject:Law
Abstract/Summary:PDF Full Text Request
Continue to strengthen the protection efforts of the rights of criminal victims in the world, China’s Criminal Procedure Law also start viewing into the rights and interests of the victims, to strengthen the protection of the victims. But compared to the international research and practice on the protection of victims, the protection of the victims in china is still insufficient. China’s legislators have been for the purpose of the prosecution of crime, pay attention to the national penal rights and the social interests, while ignoring the protection the legitimate rights and interests of criminals and victims. Accompanied by the awakening of individual consciousness, China’s Criminal Procedure Law strengthen the protection of the rights of criminals. The situations of the criminals have been improved. But the rights of the victims have not been able to cause legislators enough attention. As legislators forgot the victims, the balance of the judicial system lost his balance. This article attempts to put forward concrete proposals to improve the protection of the rights of victims, in order to arouse the attention of legislators on the protection of the criminal victims. I hope I can contribute to build the system of protection of the rights of victims.This article describes should be entitled to rights of criminal victims from the international perspective and analyzes the current situation and problems of the criminal victims in China. At the end of the article proposed concrete measures to improve the protection of the rights of criminal victims.First of all, the article explores the composition of criminal victims’right. The criminal victims should have the right to information, the right of complaint, the right to participate and the right to restoration of four rights. Foreign formulated relevant laws and regulations to protect these rights of the victims. The right to information is fundamental right by the victim. The victim has the right to know not only the litigation rights and assistance means, and the progress of the case and the criminal. The right of complaint should be entitled to the right of the victims, can be divided into the two categories of the right of complaint in the case of public prosecution and private prosecution, In order to better safeguard the legitimate rights of victims should be given to the victims the right to participate in the litigation process. The victims have the right to appoint an agent, giving evidence and participating in the execution of punishment, etc. The victims to obtain compensation in two ways, either to obtain compensation from the criminals, they can receive appropriate compensation from the State.Secondly, the article explains the Criminal Victim litigation status and analysis the situation of protection of rights, and pointed out the problem in the protection of the rights of the victims. China’s Criminal Procedure Law gives the victims status of the parties and some rights. But the party status of the victim has not been fully implemented. The protection of the rights of the victims there are still nine issues: the limited right to information, no independent right of appeal, imperfect agent system, no state compensation system, etc.Finally, by reference to foreign practices and China’s national conditions, for the above nine questions put forward some concrete measure to protect the rights of the victim. Firstly, the security system of the victims’ right to information needs to be improved. The law must expand the scope of the information that is the judiciary must tell the victims. The legislators also determine informed manner and responsibility. Secondly, the law should give the victim a limited right of appeal, but also improve the feasibility of the criminal incidental civil lawsuit. Thirdly, let the victim to fully participate in the proceedings. Court can absorb the participation of victims in the sentencing procedure and the execution of punishment procedure. Fourthly, in order to make victims to recover as soon as possible, our country should be incorporated into the scope of compensation for mental damage and establish a national compensation system.
Keywords/Search Tags:Criminal victims, Litigation rights, Protection of the rights
PDF Full Text Request
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