On Rights Protection Of Criminal Victims

Criminal victims are often burdened with enormous material, physicaland psychological harm, their situation is worthy of public sympathy.Forcriminal victims, on the one hand, they share the same ideas with thenational prosecution organs,such as conviction sentencing, restoringsocial order, satisfying some revenge desire; on the other hand, they hopeto get the compensation of material damage, spiritual comfort, even morehumanistic care.But in a very long period of time, the victims are only"the forgotten man or just one witness"of the judicial process. Thestatus of victims in criminal proceedings is not high, their influenceis very limited."Criminal law is shaped in essence into a battle betweena prosecution and the defendant".From the nineteen sixties, with thedevelopment of international human rights protection movement,strengthening the protection of the rights of criminal victims has becomean important aspect of the reform of the judicial system of countries allover the world.The situation that the victim was considered as a witnessin judicial practice has began to change.Gradually,he or she has informedof charges, the right reason,and gotten different rights from commonwitness to participate in the trial.Compared with the past, the litigationstatus of criminal victim has been greatly improved.Perhaps,it has becomethe common trend of criminal legislation to strengthen the protection ofthe rights of the victim and to balance the rights of the victim and theaccused rationally. Affected by traditional idea that only focusing onthe exercise of public power and the protection of rights of accused,China’s amendment of the criminal procedure law has always been swingingin power or rights’ distribution between the state and the defendant.The criminal victims often reduces to be criminal tools in the judicialorgans of the state prosecution, their subject status have not been reflected,and they have obtained little proper care."The secondvictimization of criminal victims" has occurred from time to time.Thispaper expounds China’s deficiencies in the protection of the rights ofcriminal victims from five aspects, and by the introduction of thesuccessful foreign experience, we attempt to put forward some usefulsuggestions on protecting the rights of criminal victims.This paper isdivided into three parts: the first part is an overview of the protectionof the rights of victims in China, and points out five deficiencies inthe protection of the rights of the victims, namely the victims’ startingright of litigation is weak, litigation right is poor, the trial influenceis not enough, right in implementation stage is little and the range incompensation is too narrow; the second part introduces the successfulexperiences in some foreign countries; according to the actual situationof our country,and drawing lessons from the foreign successful experience,the third part puts forward some improvement security proposals and views.For convenience of exposition, this paper mainly refers to the naturalperson criminal victim in public prosecution cases.