The Research On The Right To Recourse Of The Criminal Victims

From the nineteen forties to now, the problem of the criminal victims had become an independent discipline. In the 1980s, the international community began to emphasize the protection of the rights of victims. In the recent years, expansion of the right to participate in criminal proceedings has become an extremely important element in the national criminal justice reform. So does it in our country. The reform is still in its infancy stage. The rights of criminal victims have not been effectively protected, especially the criminal victims’claims are to be solved urgently. The protection of the right of the criminal victims compensation is not only a judicial problem, but also a social problem. In our judicial practice, the right to recourse of the criminal victims often comes to nothing. One reason is that the systems of civil action added to criminal procedure, plea bargaining and state compensation for criminal victims have many problems, another important reason is people don’t think highly of the criminal victims with the result that the right to recourse of the criminal victims can’t come true. Consequently, we should build up the interest balance philosophy to solve the problem of the criminal victims’right to recourse.The article is divided into five parts:the first part introduces the base theory of the criminal victims’right to recourse according to the interest balance philosophy. The second part elaborates the legislation and the judicial practice of our country’s protection of the criminal victims’recoupment. The third part illustrates the deficiency of our guaranteeing system related to the right of criminal victim and the reasons for the problem. The fourth part analyses the differences of the system of protecting the right to recourse of the criminal victims in the foreign countries. The fifth part demonstrates the author’s suggestions to perfect our system of protecting the right to recourse of the criminal victims according to our country’s fact and the interest balance philosophy.