Study On The Criminal Victim Assistance System Of The Procuratorial Tache

For a long time, theory of criminal law and criminal judicial practice arefocusing on criminal, but the criminal victim is neglected. In order to compensate theloss of the victim, the criminal will be sentenced to punishment and the judgment ofthe incidental civil action will be executed in the judicial practice of China, but theanswer to the question how can the victim be compensated if the criminal can’tcompensate the victim is not satisfying. It’s unacceptable that the protection ofcriminal victim’s rights and interests is lagged seriously when the protection ofcriminal’s rights becomes more and more perfect. Only we stablish and improve thevictim assistance system can help victims get rid of hardship to the great extent andrealize social harmony. If procuratorial organs provide the criminal victim with help,it will be favorable toward protecting the basic rights of the victim and eliminatingsocial contradictions. From the perspective of basic theory and the reality needs, it’snecessary for procuratorial organs to help the criminal victim; from the perspective ofthe current situation of the development of the society and economy of our countryand the judicial practice experience, it’s feasible for procuratorial organs to help thecriminal victim. But it’s not properly to think that the criminal victim assistancesystem is perfect, so it’s still a priority to establish and improve criminal victimassistance system from various aspects in order to protect and realize the rights ofcriminal victims. With full consideration of assisting criminal victims and the practiceof my work for victim assistance, I come out with the idea that we should improve thevictim assistance system of the procuratorial tache, based on the objective analysis ofdeficiencies and difficulties of the victim assistance system.This paper is divided into three chapters:The first chapter is about the summarization of the criminal victim assistancesystem. After clarifying the concept of the victim and analyzing the concept anddebates of the victim assistance system, it is concluded that criminal victim assistanceis social welfare. Although scholars hold different views on criminal victim assistance,there are still some common perspectives that both pursuing justice in the modern country ruled by law and humanitarian require the government to take theresponsibility of assisting criminal victim. After public-remedy taking place ofself-remedy, the assistance from country should be provided in time in order to avoidthe repeat of self-remedy which will harm the public interests. This chapter alsoelaborates the necessity and feasibility of the criminal victim assistance. In socialsense, criminal victim assistance is a kind of humanistic care for the victims and theirfamilies; From the perspective of law, the victim assistance is also a kind of legalbalance.The second chapter introduces the practice of the work of procuratorial organs toassist criminal victim and the basic situation and characteristics of the practice of thepeople’s procuratorate of F county of X city in criminal victim assistance, andanalyzes Concrete Measures of the Criminal Victim Assistance of the People’sProcuratorate of the F County in detail. The present situation of the criminal victimassistance of procuratorial organs is elaborated by abundant and detailed materials.The third chapter is about the problems of the work of the criminal victimassistance and the advice of how to improve it. The work of the criminal victimassistance can’t be done in one day, we should felt our way forward. There are stillmany problems to be solved, for instance, the publicity of the work of the assistanceis not widely, the range of the beneficiary is so narrow, the assistance funding is notenough and so on. In this chapter, I put forward some solutions to solve the aboveproblems, for instance, the range of the beneficiary should be broadened, the standardof the assistance should be cleared, the methods of the assistance should be various,the assistance funding should be provided enough, the procedure of the assistanceshould be regular and so on. I also put forward an idea that the criminal assistancesystem of the procuratorial tache should work with other assistance systems together,for instance, more criminal victims’ rights can be protected more comprehensively ifthe criminal assistance system works with the social assistance system and the legalaid system and the spiritual compensation system together.