Research On Right Protection Of Ceiminal Victims

In2004, China’s first written constitution in the state respects and safeguards human rights in criminal proceedings, respect and protect the human rights of criminal suspects is important, but also the human rights of the victim should be valued and protected to prevent the victim two secondary victimization. Criminal inadequate protection of the rights of victims are mainly embodied in not get their full compensation to the victim’s decision not to file against the lack of relief, a victim to the Public Prosecution requests the limitations of a large protest, the judiciary in the prosecution of the perpetrators in the process ignoring the victim’s right to know, the victim compensation for moral damage is difficult to obtain relief, the victim lack of an independent right of appeal and so on. These issues concern the ability to obtain compensation for the victim, can really participate in the criminal case, the victim’s interests can be realized.Protection of the rights of victims abroad more comprehensive protection of the rights of victims to provide a lot of protection. Such as access to legal assistance, the right to know, to participate, to file an incidental civil rights, the right to obtain compensation from the State, the Prosecutor’s request for review of the decision not to prosecute the right, under certain conditions, since the right to appeal, the right of appeal, advocated the spirit damages, gain respect and protect the right to privacy, etc., for the victim to provide comprehensive, adequate protection is the development trend of the world, but also the need to respect and protect human rights.During the trial phase, the presence of victims’ rights does not grant victims a limited right of appeal, requesting the right to protest limitations big; essence of participatory rights of victims of inadequate protection, victims may face secondary victimization; loss relief for victims of flawed, victims rarely receive compensation and other issues. Combined with China’s national conditions and foreign experience, we should improve the victim’s right to protest the request, giving the victim a limited right of appeal; sound real victims the right to participate, to establish restorative justice system; establishment of a national compensation system, expanding the scope of the victim’s damages remedy and so improve our victims’ rights protection.