A Study On Protection Of Victims’ Rights In Civil Suit Collateral To Criminal Proceedings

Protection of human rights has been a significant issue focused by all countries worldwide and a symbol of legalization and democratization in modern countries. However, more attention has been put on criminal defendants in existing judicial practices of criminal cases and human rights protection of victims is not properly valued. How do judicial justice and human rights protection light and benefit criminal victims by means of improving criminal victims’status and protecting their rights, in the process of constructing China’s socialism harmonic society, become the starting point and destination of studies on civil suit collateral to criminal proceedings system. This is a critical issue need to be concerned by governmental authorities, jurisprudential circle and all society members.This thesis views typical countries that adopt parallel proceedings and incidental litigation, protection system for victims’ human rights in U.S.,The British,France and German by comparison. Problems, arise in protection system for victims’human rights in China’s civil suit collateral to criminal proceedings, are analyzed through combination of theories and practices, and the writer’s suggestions for perfection are provided accordingly, calling for better protection for victims’ human rights in the course of perfection of civil suit collateral to criminal proceedings system.Part1. Overview of protection system for victims’ human rights in civil suit collateral to criminal proceedings, including identification of criminal incidental civil action to protect the rights of victims of the history, development status, relevant overview of the value of the pursuit and development of the theory to Comment.Part2. Investigation of protection systems for victims’ human rights of typical action countries. Highlighted are present status and characteristics of victims’ human rights protection in United States of America,The British,France and German representatives of parallel proceedings and civil suit collateral to criminal proceedings respectively. Advanced concepts and fulfillment, as references for China’s victims’human rights protection system, are consequently discovered.Part3. Analysis of protection system for victims’human rights in civil suit collateral to criminal proceedings, including historical and present status of the system, description of the4oppositional factors between criminal and civil proceedings, i.e. property of incidental civil actions, value orientation, laws application and proof standard, irrational compensation scope claimed by victims and difficulties in execution of indemnities.Part4. Suggestions on perfection of protection system for victims in the proceedings, mainly are establishment of correct concept of justice, accomplish restorative justice, perform state responsibility, abolishment of criminal priority, civil subsidiary principle, improved independence of incidental civil actions, expansion of compensation scope for victims’ damages, additional mechanism of reconciliation and governmental compensation to ensure victims’ civil compensation and relief.