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A Primary Study On The Rights Protection Of The Victims In Cirminal Proceedings

Posted on:2015-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:X D LvFull Text:PDF
GTID:2296330467952046Subject:Law
Abstract/Summary:PDF Full Text Request
nowadays, there are still amounts of insufficiency and imperfection at the aspectof rights protection of victims during criminal proceedings in China. It is not onlyembodied in legal provisions, but also in judicial practice, the concept of legislationand law enforcement officials. Such as at the aspect of participating in court hearing,the victims do not have the right to make a final statement, also without clearregulations of whether the victims have been in court hearing; at the aspect of right ofaction, the right of action of victims in the cases of public prosecution is always beingconfined, so their legitimate right will be violated in most cases; at the aspect of rightof appeal, the direct right of appeal for the victims is not given by law, counter appealright only be used indirectly through the public prosecution organ, as for whetherprotest or not, the victims have no power to make decisions in law; at the aspect ofincidental civil action, the victims do not have the right of remedy to mental damages;as for the aspect of national compensation system, state compensation law just onlystipulates the compensation system of suspects and defendants, so the victims are stillnot under the same attentions. There are many reasons for the aforementionedphenomenon, including legal concept and tradition (such as the different statuses ofthe party among different genealogies of law), and also the aspects of legislativeintent, law enforcement philosophy and others. However, with the development ofhistory, the progress of society and the change of national conditions, the rightsprotection of the victims in criminal proceedings should also be improved gradually.This paper from the view of victimology, criminology and the current law of criminalprocedure related to the stipulation of victims, which are widely investigated, then todiscuss the concept, characteristics and litigation status of victims in the law ofcriminal procedure. Then through the method of historical investigation, comparisonand empirical survey, firstly to investigate the changing development situations offour different historical periods of the victims’ rights in criminal proceedings; nextusing the method of comparison to explore the status and function of the victims in criminal proceedings with authority principle model of continental law system,against the model of Anglo-American law system and the model of criminal control,and also to analyze the advantages and disadvantages of three models. Next, itclarifies the main legal basis and concept of this paper. That is, contemporarycountries to achieve broad consensus on the provisions of the United NationDeclaration on the four basic elements. These four includes achieving justice and fairtreatment, restitution, compensation and assistance. At the same time, it includes threeconcepts which are procedural justice, concept of rule by law and protection ofhuman rights. It further clarifies the practical significance of three aspects of thispaper, namely, the need to build a harmonious society, the need to protect humanrights, the need to promote judicial reform. Then, it conducts a comprehensive studyon the realistic situation in the right of victims in criminal procedure in our country.After that, through practical investigation and comparison research, explores thedeficiencies in protection of the right of victims in criminal proceedings and thepoints to be perfect. These deficiencies are: the right to know, the right to participatein the trial, the right to sue, the right of appeal, the agency system, the criminalincidental civil aspects and other aspects of national compensation system such sevendeficiencies. Finally, this paper presents the perfection methods and countermeasuresfor the right of victims in criminal proceedings. It puts forward to change the legalconcept of the right protection of victims in the legislation and judicial practice fromthe large aspect; and the improvement and countermeasures of the right protection ofvictims in the proceedings also the aspect of substantive rights protection. In theimprovement and countermeasures of the procedural right protection, it puts forwardthe perfection and suggestions on right to sue, right of litigation participation, right toknow, right of appeal, right of sentencing suggestion and with the problems ofspiritual compensation in civil litigation. In the improvement and countermeasures ofsubstantive rights protection, it puts forward the reform of criminal incidental civilaction system, increases and establishes national compensation system for criminalvictims; and then presents the principle, the object scope, corresponding procedures,the certain standards and methods of the amount of compensation, the way ofaccessing the national compensation and its installment of management mechanism, which are all this system should be established. In this paper, the author hopes tomake a certain reference value for the right protection of victim in criminalproceedings at the aspect of the transformation of legal concept, criminal legislationand criminal judicial practice.
Keywords/Search Tags:Right of Victims, Right to Know, Right of Litigation Participation, Right ofAppeal, Spiritual Damage Compensation
PDF Full Text Request
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