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Research On Criminal Victim’s Litigation Rights

Posted on:2015-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y YuFull Text:PDF
GTID:2266330428455993Subject:Law
Abstract/Summary:PDF Full Text Request
With the protection of human rights, it has become the trend in the world. Afterthe amendments of the Criminal Procedure Law in1997, the protection of humanrights in our country had made great progress. But, in China, because of the nationalpenalty power and the national jurisdiction, the rights of the criminal defendant whois prosecuted by the state judicial organs become more and more focused on. Therights of the criminal defendant not only are stipulated by law in detail, but also arepracticed strictly and normatively. In a word, the criminal defendant’s rights are givenmore protection, and our nation prefers to the criminal defendant in the protection ofrights between parties of a criminal action. By contrast, the legal status of the victimwho is one of the parties becomes low, and the victim’s right protection is far behindthe defendant’s. Therefore, the scope of the victim’s rights is narrow in the law, andthe protection of the victim’s rights deviates from the intent of the law. The victim’srights are not protected adequately.The both parties of a criminal action are not given equal rights and protection.Hence, protecting the weak party’s rights, the victim, is really essential. It is sosignificantto strengthen the protection of the victim’s rights and perfect the systemconstruction of the victim’s rights. Because, it conforms to the trend of human rightprotection in the world, balances interests of every party in a criminal action and thelegal justice including procedural justice can also come true. Protecting the victim’srights, especially his litigation rights, can protect the victim’s legal interests, remitsocial contradictions and maintain social order.The criminal victim is the man who is injured by the criminal behaviors. Thetwo legal systems are different in defining the status in litigation of the criminalvictim. The criminal victim is a party in the judicial proceedings in our country, andthis is the basis on giving the criminal victim lots of litigation rights. The rights ofcriminal victim are so much, but the litigation rights are only the rights in the judicialproceedings of case filing, investigation, prosecution and trial included. With theprotection of human rights all over the world, the protection of the criminal victim has developed for long time in our country, and now the criminal victim has givenmany litigation rights. These litigation rights have its theoretical basis.Through the criminal victim has given many rights by Criminal Procedure Lawin our country, including litigation rights, there are many questions in protecting therights of the criminal victim, including the lack of some litigation rights in the lawand some litigation rights poorly implemented. There are many reasons for thesequestions including the traditional procedural structure and legislative technique andso on.The litigation rights of the criminal victim are protected better in the foreignlegislation. These legislation stipulations are good reference for perfecting thelitigation rights of the criminal victim in our country. According to the questions andthe reasons in the protecting litigation rights of the criminal victim, and the effectivesystem of the litigation rights in other countries, come up with the suggestions toperfect, including setting up the idea and enacting legislations of protecting thecriminal victim’s rights, in order to maintain the lawful rights and interests of thecriminal victim.
Keywords/Search Tags:the criminal victim, litigation right, status in litigation
PDF Full Text Request
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