Criminal Victims Procedural Rights Protection Research

Criminal victimology is to flourish in1940s-1950s. How to improve the protection of the rights of victims in criminal proceedings has gradually become the focus of the reform of the judicial system in the world."Declaration of Basic Principles of Justice for victims of Crime and Abuse of Power ", announced in1985by the United Nations, provides the basic principles of the protection of victims. That’s the first document of United Nations focused on that issue. This suggests that to strengthen the protection of the rights of victims of criminal proceedings has become a consensus of the world. Meanwhile it is also an important symbol of measuring a country’s democracy and fairness of the criminal proceedings.In recent years, with the increasing awareness of the protection of human rights, protection of the rights of suspects and criminal defendants from China’s criminal justice system has been increasingly improved. However, the protection of the victims’rights in criminal proceedings is only in its infancy. In the handling of criminal cases in China, the country should have adequate protection of all parties’litigation rights. However, under the guidance of traditional litigation concepts and national priorities and the purpose of safeguarding the public interest of society, the protection of the victims’rights in the criminal proceedings is often ignored. Especially in the modern society and criminal defendant-centered litigation mode, the public power more tends to protect the suspect compared with the other party. With the development of the study on criminology and criminal victim, concerning about the serious reality and the focus on protection of the vulnerable groups’rights, the perfection of the protection work of the victims’litigious rights has become the key issues in the Criminal Procedure Legislation.It has important meaning to research criminal litigation rights of victims, and improve the protection of the rights of victims in criminal proceedings. This is not only inevitable trend of development of criminal proceedings, but also the objective requirements of the protection of human rights and the justice of course. It is also the inherent need of harmonious society building. Because once the rights of criminal victims are hurt, they will suffer and thus a sharp contradiction forms between the criminal victims and perpetrators. And improving the protection of the victims’litigious rights in criminal proceedings can guarantee the full protection and relief to victims’criminal substantive rights, help alleviate social contradictions, so as to create a harmonious social atmosphere. This paper is divided into quadrants:In the first part, the basic theory of the criminal victims’rights in the proceedings is discussed. The concept of criminal victim and the specific content are cleared, the historical evolution is also analyzed. In our criminal procedure law and the amendments followed, the litigant status of criminal victims is established and some rights are given, however there are still much work to do compared with the litigation protection of the rights of criminal defendants. Therefore to complete the criminal litigation rights protection system for the victims has its inherent practical significance.In the second part, the practice of the legislation protection of the criminal victims’ rights in the proceedings is examined, including common law countries and the civil law countries. Investigate the specific rules on the criminal victims’ litigious rights protection of France and Germany, the United Kingdom and the United States. The similarities and differences are analyzed. And then come up some useful tips for our system perfection.In the third part, the criminal victim litigation rights legislation of the system status is analyzed and some flaws are identified:the lack of protection of criminal victim’s right to know; prosecution phase of the litigation rights missing; lack of litigation rights of the protest stage; lack of protection of the right to material compensation.In the third part, on the basis of the comparison of foreign legislation and domestic legislative situation, put forward my own legislative proposals to improve the system of criminal victim litigation rights. They are:to improve the criminal victim’s right to know; improve the system of public prosecution Private Prosecution; to improve the protest stage Criminal litigation rights of victims; improve the criminal material compensation of victims’ rights.