Research On The Protection For The Rights Of Victims In The Course Of Investigation

At present, research on the protection of the rights of victims in foreign countries has beenvery mature. The United States, Britain, Germany, Japan, Australia, and other countries have alsodeveloped special laws to protect the victims. Among the countries, British and Japanese havedone a great job, which became the benchmark in the world for other countries to study. Britishlaw gives the victims the rights to know, to participate in deciding whether to prosecute and to getnational compensation. Before public prosecution, the prosecutor should give full consideration tothe interests of the victims. In Japan, the victims enjoy the rights of refusing to give testimony andclaiming testimony expense and the rights to protect personal safety, property and dignity in theprocess of investigation. The essence of the law is for all countries to learn from.There are also many laws and regulations to protect the rights of the victims in China. In theconstitution, the protection of the rights of victims is mainly concentrated in the chapter----Basicrights and obligations of citizens. One of the important contents in the2004amendment to theconstitution is to take "the state respects and safeguards human rights" into the constitution. Asconstitutional citizens, the victims should have the rights of life and health and the rights to protectpersonal safety, property and dignity and to get State compensation. In the Criminal ProcedureLaw and Criminal Law, there are more specific provisions for the rights of victims. However, thetruth is, like the victims, that the rights of the victims are forgotten in the legal practices, which is insharp contrast to the protection of the rights of criminal suspects.In the essay, the author is to analyze the problems in the area in China based on theachievements that were made in other countries in the field of protecting the rights of the victimsand put forward the rights to learn the truth, to get help and to get compensation and contributionand the rights of privacy and investigation for the victims, so as to improve the rights protectionsystem for the victims in the course of investigation in China and give the necessary protection tothe victims in legal practices.