The Research On Protecting The Rights Of Criminal Victims

As a procedural decency act of punishment, Criminal Procedure Law of the People’s Republic of China has been playing an important role in investigating crimes and maintaining public interests for a long time. However, it puts much emphasis on the state power to punish crimes, yet ignores to protect the legitimate rights of the suspects, defendants and victims. In 2012, Criminal Procedure Law added contents on "respect for and protection of human rights" as its responsibility, and made a more great progress both in the design of specific procedures and in the protection of suspects’ and the defendants’ rights. Unfortunately, the protection for criminal victims has not been effectively materialized. With the development of international human rights protection and the progress of legal civilization in the world, the rights of the victims has attracting more and more attention. Of course, our country is no exception as an important part in the course of the world legal civilization. Consequently, improving the protection of the rights of victims in criminal justice system has become an important initiative in the process.In this thesis, some researches on the protection of the rights of criminal victims are done in five chapters.The first chapter is an introduction section. It analyzes the background and significance of protecting the rights of victims in criminal; summarizes the researches in this field both domestic and abroad; proposes the historical analysis, comparative studies and other research methods and article writing ideas as well.The second chapter is an overview of the theory of rights of victims in criminal proceedings. Looking at the basic concept of the victims, it offers a comprehensive introduction of litigation rights and the status of the victims in criminal proceedings. Besides, it depicts a whole picture of the historical evolution of the status of victims, in order to provide some historical experiences on the criminal protection of the rights of victims.The third chapter is the research of the rights of victims in criminal proceedings of foreign countries. Based on that, we are going to learn about the current situation in common law system and civil law system, and acquire some knowledge on the progress in criminal protection of the right of victims of foreign countries. So we can use that intelligence to improve the protection of the rights of criminal victims in our country.The fourth chapter is about the situation and issues of the victims’ rights in our country. At present, as one party in the lawsuit, victims have the right to report, accuse and apply for withdrawal among other rights. However, these rights are not fully implemented, and there are not sufficient rights for victims to know and to appeal. The compensation system is also need to improve.Chapter Five are countermeasures for improving the protection of the rights of criminal victims. Considering the problems in the protection of the rights of victims, it attempts to improve the protection system by giving the victim the appropriate procedural rights, improving the national compensation system, building the legal system and other measures.