Study On The Protection Of The Rights Of Criminal Victim In Criminal Procedure

Victims in criminal proceedings is one of the major parties, is also vulnerable in thecriminal proceedings. But, the victim was gradually forgotten in the criminal procedure,particularly, in public prosecution cases. Attention to and improve the protection ofcriminal victim’s rights is implement human rights protection around the world, is alsothe common practice of maintaining social stability. Criminal victims are the importantpart of criminal proceedings. Victims are the vulnerable groups in Criminal Litigation.The victim needs through the legal way to make up for the crime to the loss and damage.However, judging from the current provisions of China’s criminal procedure law, moreemphasis on protecting the rights of criminal suspects and the accused, but theprotection of crime victims is particularly inadequate. Lack of provisions on thefeasibility of exercising the rights of victims in criminal; Provisions on rights ofcriminal victims still not perfect; Legal aid to criminal victims provides more general. Itlack of uniform standards and procedures and is difficult to implement. In judicialpractice, the national compensation system for criminal victims is used. But it is stillabsent in our country’s legislation. First of all, emphasize the importance of protectingthe rights of victims are required to maintain the interests of society and the State, arethe need of respecting and safeguarding human rights, and are the need to preserve andsave the lives of victims and their families. Secondly, at the same time protecting therights of crime victims, but also certain restrictions to the exercise of the right, andprevent abuse of rights. Rights and obligations are mutually reinforcing. The freeexercise of the right must be subject to certain constraints.In1996, China modified “criminal procedural law”, established the litigation status ofcriminal victim and increased many basic rights. In2012, China modified “criminalprocedural law” again, which around the "respects and safeguards human rights". Thecriminal victim assistance system has made great progress in judicial practice.Suggested that in the future criminal law, continues to implement the protection ofcriminal victim’s rights of judicial philosophy, and community-oriented development ofnew situations and new problems to improve the relevant system. According to thecurrent status of criminal victim’s right protection, this paper proposes severalsuggestions: Firstly, it should improve the fundamental rights of victims in criminalactivities, and to develop practical procedures to maximize the preservation of the victim’s right to the participants in the proceedings. Secondly, to adopt efficient aidsystem in timely access to necessary assistance, and gradually improves the scope andmodalities of aid. Finally, to establish a criminal victims’ relief system. To relief themthrough economic approach and to make the protection system of criminal victims moreand more perfect.