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Study On The Protection Of The Rights Of Edge Criminal

Posted on:2015-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:S J LiFull Text:PDF
GTID:2296330461496652Subject:Law
Abstract/Summary:PDF Full Text Request
Edge criminal of this paper refers to the spirit of the benefits arising from the personal rights of the victim or the defendant’s criminal conduct based on damage suffered damage defendant or the victim’s close relatives, dependents and other interested parties. It can be divided into one edge of the victims of criminal victims and the accused party to the Edge criminal. One edge of the victims are accused of criminal offenses based on the legal consequences arising victim is one victim edge of criminal offenses based on the fact that the results produced.The function of the criminal law should not only be focused on crime and punishment, but also should pay attention to social regression has destroyed the social order restored and criminals. With the rise of crime victims’ rights movement recovery, combined with our need to build a harmonious society, the gradual recovery of the criminal justice model established in our country, a wide range of criminal law objectives into the category of criminal law purposes, the recovery has been highlighting the purpose of criminal law. Name is not correct, then the words ring true. Legal reason to get people’s universal adherence to, because it has a strong legitimacy foundation. Protect the legitimacy of the foundation is to protect the edge of the edge of the victims of criminal victims together in criminal law, qualifying for reasonable foundation. The author from four aspects of philosophy, jurisprudence, legal and factual basis for the legitimacy of the criminal protection of victims edge briefly discussed.Edge criminal protection of victims is still in the exploratory stage, should adhere to the criminal law to protect its basis, given the need to protect the Edge criminal the right to choose whether or not to establish the principle of voluntariness. After the victim independent criminal edge, the edge of criminal victim protection despite its particularity, but the criminal law should be based on a balance between the interests of the multi-party network stakes criminal cases, harmony resolve criminal disputes, so I immediately made equal protection principles and combining special protection. Finally, in the protection of victims of criminal edge practice this one, in order to ensure the effective implementation of the relevant departments can, I suggest ways to strengthen the relevant obligations, the principles before, during and after the combine.For the edge of the main content of the criminal protection of victims, the author steps to the edge of the victims to seek criminal remedies for the framework of criminal law, that its first right to know, that knows the right information; followed its core rights that can get damaged the interests of the law relief, the right to participate in proceedings; Finally, in order to ensure the effective implementation of these rights should be given to the edges of criminal rights of victims can apply for supplementary assistance.In order to protect the rights of victims in criminal edge, through theoretical groundwork of the foregoing, I adhere to the voluntary principle in criminal victims edge, equal protection under the special protection of the principle of combining well before, during and after the guiding principle of combining protection to protect after the victim knows the right edge of the criminal information, the right to apply for assistance and the right to participate in the proceedings as the main content, drawing on the experience of victims in criminal extraterritorial protection that should protect from punishment, criminal policy and institutional protection and procedural protection of the three-pronged approach fully implement the protection of victims of criminal edge.
Keywords/Search Tags:Edge criminal, Protection, Countermeasures
PDF Full Text Request
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