Protection Of Criminal Victim’s Civil Rights

Strengthen criminal victims of human rights protection has become a worldwide trend,with the speeding up of the progress of our legal system,the rights of criminal victims protection receiving more and more attention,the new "criminal procedural law" enacted definitely add a new way of criminal victims to protect their civil rights.This article starts from the basic concept of research,by introducing three classic cases,from the legislative idea,litigation procedure and entity system,relief way four aspects analyzes the current problems that exist in the civil rights protection in criminal victims of our country,combined with outside countries to the problem of the two law systems related experience,put forward the countermeasures and suggestions for consummating our country’s criminal victims civil rights protection.The first part:this article analyzes the concept of criminal victims at first,determine discussed in this article is directly subjected to criminal violations of the victim.Then analyzed the characteristics of the criminal victim,the concept and contents of criminal victims civil rights.Civil rights protection measures and value significance.The second part:this part mainly research status of criminal victims civil rights protection in China,first start from the legislation system,analyzed articles of law from China’s "criminal law" and "criminal procedural law" involves criminal victim of the law of civil rights,and then from the present situation of the case shows that the current judicial practice,reflects the protection of civil rights of the victim in our country at present is not enough.In the final analysis problem of criminal victims civil rights protection in our country,the problems of the legislation idea,litigation procedure and entity system,relief way.The third part:considering the protection of criminal victims’ civil rights,this part analyzes and compares the common law system and civil law system,expounds on litigation procedure,entity system and relief system of French,Germany,Britain,the United States four countries.According to the cooperation,we can use that intelligence to improve the protection of criminal victims civil rights in our country.The fourth part:this part puts forward the countermeasures for consummating our country’s protection of criminal victims’ civil rights.First of all to change legislative idea of "criminal first,civil second".Secondly,we should to improve the system of procedures,to give the option of procedure to victim,and on the basis of the existing reconciliation system,to enlarge the using range.Then in the part of the entity system,perfect the criminal victim’s right to know,from the three aspects legislation to support the victim’s compensation for moral damage.Finally,relief system should be improved,and we should to establish the national compensation system,innovative private insurance mode,explore the new way to protect the criminal victims.