Protection Of The Civil Rights And Interests Of Criminal Victims Research

Since the1970s, it has become a worldwide trend to strength the criminal victims of human rights protectiom, researchers from domestic and foreign have done a lot of research on it. But, research mainly focused on the procedural rights of criminal victims, the victim assistance system, limited several aspects. And the research of the civil rights and interests of the criminal victim protection is very few. This paper will be taken from the importance of the civil rights and interests of criminal victims, by means of the analysis of case, combine of legistation and academic views, carry through analysis and evaluation,on this basis put forward the proposal that should expand the scope of the subject of criminal victim and the range of compensation.In this paper, the text includes four parts, besides introduction and conclusion. Chapter One:To clarify the importance of civil rights and interests of criminal victim protection. Firstly, this chapter introduces the legislative status and defect about the protection of criminal victim, and points out that civil rights and interests of the criminal victim under the moden judivial philosophy marginalized, specific performance in the narrow scope of criminal victims subjects and compersation. Then, civil rights and interests protection system of criminal victims of the causes of defects are analyzed, that does not pay attention to the dangers of criminal victims civil rights protection, put forward to strengthen the protection of civil rights and interests of criminal victims. Chapter Two:The subjects of criminal victims scope enlargement and compensatory obligations. This chapter will contast the concept of the criminal victim of scholars in China and abroad and our country Taiwan area, an analysis of the definition and concept of criminal victim, points out that the criminal victim close relatives mental darmage to people and legal persons shall be incorporated in the categories of criminal victims. Chapter Three:Research on the subject of criminal liability issues Victims. This chapter noted that the current body of the victim in criminal liability is not clear, the need for further improvement. Specifically, no criminal responsibility and limited criminal responsibility of the guardian responsibility too arbitrary, should be determined according to the actual circumstances of the case; Pointed out that criminal offenses, the employer shall bear joint and several liability together with the staff, rather than civil law on vicarious liability; Pointed out that the law on the setting of omission, that is, not to pursue civil liability entirely human security obligations, should be added to improve again.Chapter Four:Expand the scope of civil compensation for criminal victims in China. This chapter first points out that the current legislation of criminal victims compensation scope too narros and its causes, explains the legal theory basis that expand the category of civil dompensation for criminal victims, it iconcluded that the catrgory of criminal compensation should not be limited to direct material damage, points out that the death compensation, compensation for mental damage and maintenance should be included in the scope of civil suit collateral to criminal proceedings.