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The Studies Of The Victim’s Participation In The Procedure Of Criminal Executive Changes

Posted on:2014-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y B LiFull Text:PDF
GTID:2296330425978699Subject:Criminal Procedure Law
Abstract/Summary:PDF Full Text Request
The criminal enforcement procedure is what the criminal enforcement authoritiesmake the court judgment into execution of the program according to law. Criminalexecution implementation will influence the revenge and compensation for thevictim’s wish, to a certain extent determines the victim on a country’s judicial system.Criminal execution changes the executed judgment execution status, which inevitablyinvolves the vital interests of the victim. The party status has been explicitly stipulatedin the criminal procedure law, and the law also gives the victim many rights, but theserights are stipulated before the criminal execution stage, in the implementation stage itis hard to find its trace, this system will enable the victim not effectively participate inthe criminal enforcement proceedings. With the protection of human rights conceptsupporting among the people today, the whole society has gradually to protect thedefendant’s rights to achieve a consensus, so the rights of victims have no reason notto pay attention. This paper mainly expounds the theoretical basis of the victimparticipating the change process of criminal execution, and construction of specificprograms.This paper is divided into four parts, a total of more than30000words.The first part is the theoretical basis of the victim’s participation in the changeprocess of criminal execution. First of all, there is a direct relationship between thevictim and criminal result, therefore the criminal execution change procedure shouldopen the door to the victim.Secondly, the victim’s interests and national interests,social public interests have heterogeneity.Procuratorate supervises the criminalexecution change activities, mainly based on the maintenance of national and socialinterests as a whole, it may ignore the interests of the victim. Participation of victimshave the right to supervise the implementation of punishment of criminal execution.Once again, the procedural justice needs the victim participating in theimplementation of the change process. A fair procedure shall listen to the opinions ofboth parties of interests. Fourth, the victim’s participation in the criminal enforcement change procedures are required to balance the parties litigation rights. Finally, theconcept of restorative justice encourage victims to participate in criminal proceedings.The second part is the extraterritorial investigation of criminal victim’sparticipation in the implementation of the change process. From the middle oftwentieth Century, the victim right is increasingly subjected to many countries andregions of the world’s attention. In2002the British government issued “Justice forAll”, to pay special attention to the protection of the rights of the victim. Since thenineteen seventies, the United States pay more attention to the problem and the rightsof victims, the federal government issues a series of law, such as "the victim andwitness protection law"(1982),"victims of crime law"(1984),"the rights of victimsand restoring method"(1990),"the victim"(bill of rights1994) etc. In the twenty-firstCentury, the protection of the rights of victims still is an important theme in Americancriminal justice. In the continental law system, the criminal procedure code of Francein recent years has revised for several times, which increases the victim in thecriminal procedure provisions. Germany also passes some protection act, and furtherstandardize the victim’s participation in the program.On the international convention,"the United Nations for victims of crime and abuse of power the basic principles ofjudicial declaration" and the "Rome statute of the International Criminal Court" on thevictim in the criminal enforcement procedure also has a clearly defined. By other’sfaults, wise men correct their own. Advanced experience and beneficial achievementsfrom abroad will help our country continue to protecte the rights of victims.The third part is the review of the victim in the criminal change program. Thevictim can not participate the implementation of the criminal change process,which donot match with the status of the parties. The main reason lies in: first, the traditionalcountry put the overall interests of society first, and ignore the protection of thevictim’s individual interests. Second, administrative factors of China’s current criminaltrial procedure is obvious, secret, written trial prevailing, the victim is hard toparticipate in the implementation of the change process. Third, the absence ofProcuratorate supervision.Because of fuzzy law, procuratorate in the implementationof the change is difficult to play a supervisory role of the effective program. Fourth, the power allocation is not reasonable, state monopoly right to start and decide theimplementation of the change process.The fourth part is constructing on China’s participation of victims of criminalexecution change procedure. The victim in the following participation in voluntary,participation, participation in the program, both appropriate legal justice andefficiency principle, to participate in the implementation of our country’s criminalchange process. Due to the current execution change procedures problems exist,transformation of China’s commutation, parole, temporary execution of the sentenceoutside prison of the proceedings, all including in the judicial field, ensure the case tothe public, justice and fair. After that, in accordance with the implementation of thechange process in the normal mode of trial, published their own opinion, exertsubstantial influence on the results of the program, if the victim to the court verdictdisaffected, can obtain the corresponding remedies.
Keywords/Search Tags:the victim, criminal executive changes, The right toparticipate, the construction of procedure
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