Protection Of The Rights Of Victims

With the rise of the victim protection movement, the criminal victim and their rights has become the focus of scholars. Crime by the victim, on the one hand, want to be able to participate in the criminal proceedings in the criminal responsibility shall be investigated for the criminal suspect or defendant, on the other hand, because of the crime of criminal victims body and physical or mental damage, hope can through effective ways to achieve economic claims. In China at this stage because of the litigation rights of the victim is not perfect, and the lack of economic claims way and imperfect, criminal with the victim’s rights is hard to get the guarantee. The criminal reconciliation of right remedy for its provides a new way. This article attempts from the perspective of criminal reconciliation, seek reimbursement from the four parts of the victim of the economic rights and ensure line is discussed.Part1:this article first analyzes the concept of criminal victims, defines the extension of criminal victims in public prosecution of a natural person. And then analyzes the characteristics of the victim situation, from the theory of human rights, interests balance theory and natural justice theory discusses the theoretical basis of the victim rights. Legal interests are violated are the main characteristics of the criminal victim, the study of the victim rights theory from a deeper level to answer the basis to protect the rights of criminal victims.Part2:requirements and rights of the victim, the victim’s demand is the victim after by crime of desire, this article will demand is divided into psychological needs and economic of the victim claims requirements, in terms of psychological needs, the victim’s psychological presents from revenge to the state of forgiveness. In respect of economic claim, the victim need through various channels to achieve the demand of economic claims. After the analysis of the needs of the victim from the law of our country, this paper discusses the state assistance system of civil suit collateral to criminal proceedings and other problems in our country the victim rights relief way.Part3:mainly discusses the victim rights guarantee function of criminal reconciliation, the criminal reconciliation of the victim’s psychological recovery and economic claims has positive significance, and the settlement is provides a way for the criminal victims utility maximization. In this part of the consumer equilibrium theory, this paper studied the victim utility maximization problem under the criminal reconciliation. Points out the problems existing in the criminal reconciliation.Part4:from the problem of criminal reconciliation, and reconciliation the limitations of perspective, puts forward the countermeasures of perfecting our country’s criminal victim right protection. In perfecting the criminal reconciliation system, this paper argues that the victim in the criminal reconciliation should be guaranteed and voluntary c-and the criminal suspect or defendant sincerely to ensure reconciliation will not be reduced to "take the money to redeem punishment". And to expand the scope of the settlement to the realization of the victim’s broader economic claims. Finally out of the perspective of reconciliation, the victim relief, also need to state protection of the rights of nations compensation and benefits are two different patterns, this paper argues that the present should be unified and perfect the system of state aid.