Study On The Protection Of The Economic Crime Victim's Rights

The rights and interests of economic crime victim refers to all substantive rights and procedural rights that protected by the law.And the citizen who has suffered economic crime should be entitled to those rights.Improving present national victim relief system is beneficial to economic crime victim.Then,actions should be taken to encourage and guide private relief agencies and let the public participate in relieving the rights of victim,the goal is to realize the complementary and mutual assistance conducted by both the public remedy and private remedy.Substantive rights and interests are determined by the international public law,the constitution of our country and the public order and good custom,which has nothing to do with the judicial procedure.The substantive rights and interests of the victims of economic crime are determined by the special status of the victims of economic crime,that is,at the same time as the rights of citizens,market participants and victims of crime.In our country,the substantive rights and interests are defined and protected by the constitution,criminal law and criminal procedure law,which mainly include the right of personality,the right of equality,the right of prosecution,the right of participation and the right to receive the national salvation.Procedural rights and interests of victims of economic crime refers to the rights of victims as participants in criminal proceedings,which must have the right to participate in criminal proceedings.These procedural rights and interests are defined and protected by the relevant provisions of the criminal procedure law of our country,the public security organ,the procuratorate and the court on criminal cases investigation,review and trial.The starting point of the procedural rights of the victims of economic crime is the right to participate in the activities of criminal proceedings,the basis of which is the right to know the right to know,the core of which is that the victim should have the right to litigation.Victims of economic crime litigation rights include: the right to sue and statement,and the right to appear in court,the right to claim,defense and the right to appeal,the right to legal aid,etc..In our country,the substantive rights and procedural rights and interests of the victims of economic crime are embodied in the activities of criminal proceedings.Criminal action of economic crime is the main way to protect the victim's rights and interests.Since the reform and opening up,with the rapid development of China's economy,the types of economic activities and the rapid development of the form of economic crime against the market is also growing.Economic crime has hindered the development of our country's economy,destroyed the order of market management,caused the unstable factors,and also caused serious economic losses to the country,the victim and the victim.As the direct victims of economic crime,the legitimate rights and interests of the vast majority of market economy in our country are being seriously challenged by the increasingly serious economic crime.However,the current situation of the protection of the victim's rights and interests of economic crime in China is not satisfactory.Economic crime victims are difficult to obtain sufficient economic compensation through legal channels,which is the main interests of economic crime victims appeal.Criminal litigation is the main way to safeguard the legitimate interests of victims of economic crime,criminal incidental civil lawsuit system and restrictions on economic crime victims to obtain compensation through this way,leading to economic crime victims in distress,many infringed companies face the threat of bankruptcy.In addition to legal means,China's economic crime victims have almost no other way to get help.Economic crime is concerned by the public and the government,and it is difficult for economic crime victims to arouse the sympathy of the public and the government's attention.So whether social relief or government relief,the economic crime victims are excluded.There is a lack of special regulations to protect the legitimate interests of victims of economic crime;economic crime victim protection litigation system cannot effectively the interests of existing;rights and interests from losses,unable to obtain from the society and the country's economic benefits,the criminal victim rights protection concerns.Protecting the lawful rights and interests of the victims of economic crime is not only the inevitable requirement of socialist democracy and legal system,but also the responsibility of the socialist modernization country,and the direct embodiment of the modern social fairness and justice.Protect the legitimate rights and interests of victims of economic crime should be based on the causes of damage to the interests of the victims,give full consideration to the current legal environment of our country and economic capacity,the choice of reference foreign experience,take the method according to the situation of our country.Protecting the lawful rights and interests of economic crime victims should be based on the existing criminal procedure system,and pay attention to the perfection and supplement of the existing legal system.Should improve the legal status of the victims of economic crime,strengthen litigation rights,expand the scope of the admissibility of civil litigation,through special regulations to protect the legitimate rights and interests are not infringed.Change the concept of law enforcement,in the investigation,review,the trial process to pay attention to the legitimate rights and interests of the victims and reasonable demands.The judicial organs shall abandon the traditional thought "Trial go first";to work in protecting the rights of victims,compensate for the economic losses,placed in a more important position.At the same time,to improve the legislation and change the concept of law enforcement,it should explore the mode of relief outside the criminal litigation.Improving present national victim relief system is beneficial to economic crime victim.Then,actions should be taken to encourage and guide private relief agencies and let the public participate in relieving the rights of victim,the goal is to realize the complementary and mutual assistance conducted by both the public remedy and private remedy.