Study On The Remedy Mechanism Of Criminal Victims’ Rights

The traditional criminology theory and the theory of criminal procedural law usuallyconsidered that, the criminal procedure aims to safeguard the overall interests of the countryand society, and to protect the suspect and the defendant’s rights, but inadvertently neglectedthe rights of the victims. However, the rule of law society should be to balance the two, nomatter in terms of justice, or in terms of resolving social contradictions, the victim’s interestsmust be protected in criminal proceedings.In the late1920s, the victim study rise, people began to re-examine the status of thevictim. After the World War II, international human rights protection movement was launchedworldwide, the victim studies were also booming, countries began to attach importance to thevictim’s right protection problems. Under such international environment, our country alsobegan to examine the right unfair problems in criminal justice, reform the traditional judicialsystem. Through attaching great importance to the human rights protection, the litigationstatus of criminal victim gets promoted and litigation rights become more extensive.Especially the criminal procedure law revised in2012, again to confirm and to strengthen thevictim’s position and litigation rights of the parties. In spite of this, the victim’s right reliefproblems still have needs to be perfect.This paper tries to from the perspective of criminal victims, starting from the conceptand litigation rights of criminal victims, to analysis the necessity of right remedy for criminalvictims, and study abroad for victim rights’ relief way and system. On this basis, according tothe present situation of our criminal victim rights and relieves as well as the existing problems,and puts forward some suggestions, including: improve the mechanism of transformation of acase of private prosecution to public prosecution, protect criminal victim’s litigationprocedure participation right, improve the system of civil suit collateral, to establish thenational compensation system, to perfect our criminal reconciliation system, etc. I hope thesesuggestions are helpful to improve the criminal victim’s rights relief mechanism in ourcountry.