On The Criminal Protection Of The Rights Of The Victim

Looking at the world, all countries have attached great importance to the protection of the rights of criminal defendants, which correspond to the rights of the victims were virtually ignored. With the development of human rights movement, coupled with the emergence and development of the victim theory, the rights of victims gradually get attention, strengthen the protection of the rights of criminal victims, find a balance between the victim and the accused the right to legal protection of human rights, is the objective requirement. In this paper, through the change and development of clear concept definition, criminal victim victim appeal and litigation status, in order to protect the litigation rights of criminal victim’s point of view, analysis of the criminal victim should have the litigation rights, criminal protection of the rights of the victim to clarify the meaning of; in the continental law system and Anglo American law countries concerning the protection of victims of criminal legislation and practice of comparison, a detailed analysis of the various stages of the criminal proceedings in our country exist to protect the litigation rights of the victim’s problems, targeted to the prominent problem put forward the corresponding improvement suggestions, in order to safeguard the rights of victims, to achieve the goal of maintaining social stability.This article is divided into four parts, respectively is:the existence of criminal protection of the rights of the victim, an overview of the foreign criminal victims rights in the legislation and practice of our country, the rights of criminal victims, the problem of China’s criminal victim right protection suggestions.The first part:the overview of the criminal protection of the rights of the victim. The first part discusses the basic theory of the content of criminal victim, the concept of the criminal victim’s clear in this section, analysis of the criminal victim’s appeal, show the final establishment of criminal victims change position in the criminal procedure and the status of the parties; and then combined with the theoretical results of learning, to the legal provisions of the criminal procedure law of our country for this, summarizes the criminal victims has in criminal litigation rights; finally, from the protection of human rights, the rule of law requires criminal procedure to realize the purpose of criminal litigation, the pursuit of value of three aspects of the criminal victim right protection significance.The second part:the legislation and the practice of the rights of criminal victims in foreign countries. In this part, in order to distinguish between civil law and common law, sums up the rights of criminal victims in legislation and specific measures, the continental law system and Anglo American law system has the characteristics of some countries to complement each other, as China’s protection of the rights of the criminal reference.The third part:the existence of our country the protection of criminal victim "s rights issues. The first part referred to the criminal procedure law of our country several revisions to increase the rights of the victims and the enhanced status, focus on the analysis of the criminal litigation filing, investigation, prosecution, trial, execution of punishment exists in the protection of victim rights aspects of each stage of the specific problems and the causes of these problems.The fourth part:the criminal victim right protection suggestions in china. This section discusses how to protect the litigation rights of criminal victim issues, focusing on the criminal victim’s right to know, the right of expression and put forward the improvement suggestions, measures are put forward to realize the constraints hindering the rights of victims in criminal procedure decision; at the same time, the judicial relief system, the national legal aid system and discusses the problems of social help. Combined with the litigation rights and to provide legal aid to improve the way to safeguard the rights of criminal victims.