The Assistance System Of Criminal Victims

The system of criminal victim assistance becomes a research hotspot currently which is an important part of human rights protection in criminal proceedings. At present, there are many problems in the protection of criminal victim in our country which should be solved from the legislation. Along with the social focus on criminal victim, some treatises have been written by many scholars and pilot works have been started across the country. These results provide valuable experiences for the future legislation.The system of criminal victim assistance refers to the victims and their close relatives living poorly for criminal acts and violations to get some economic aids according to the legal procedures. The purpose of this system is to help the victims to get rid of the poor life and avoid the more damages, so as to protect the legitimate rights and interests and maintain social harmony and stability according to the legal procedures.The author focuses on the establishment of the system of criminal victim and analyzes the present situation and problems. After learning the foreign legislative experience on the criminal victim, the author puts forward his own ideas on the construction of the system of criminal victim combining with the actual situation of our country. The first chapter is about the definition of criminal victim. Firstly the author analyzes the concept of the victim in the criminal procedure law, and then defines the concept in the system of criminal victim. Finally the author defines the research object. The second chapter is about outside investigation of criminal victim relief system of common law countries, the mainland legal system country, Taiwan area and Hong Kong. The author has carried on the detailed elaboration on the legislation of criminal victim assistance system in those countries and areas and hopes to help the construction of the system of criminal victim assistance in China. The third chapter is about the present situation and existing problems in our country. Beginning with a case, the author introduces the bailout legislation of criminal victims to our country and summarizes five major problems of our country in the criminal victim assistance and has carried on the thorough analysis, which provides empirical support for the construction of the system of criminal victim assistance. The fourth chapter is about the construction of criminal victim relief system of our country that is the most important part in this paper. Firstly the author expounds the principles of assistance, and then elaborates the assistance system for criminal victim entity construction from five aspects which are the determination of the aid object, the terms of the bailout, the limited assistance funds, the setup of assistance agencies and the assistance standards. Finally the author elaborates the procedural construction of the system of criminal victim assistance.