Research On The Protection Of The Rights Of The Victims In Criminal Cases

Since 1960s, with the rise and development of the international human rights protection movement, the protection of the rights of criminal victims has become an important aspect of the reform of the judicial system in the world. For a long time the victim only as a witness of the judicial practice and the system began to change, the victim has started to start litigation, access to information, participate in the trial of the sentencing and even the implementation of the rights. To strengthen the protection of the rights of the victims and to make reasonable and proper balance between the rights of the victims and the defendants has become a trend of the development of criminal procedure legislation in all countries. The formulation and revision of the criminal procedure law in our country has always been in the power of the state and the accused and the distribution of the right of the defendant. Criminal victims often become tools for national criminal judicial recourse, its dominant position has not been reflected and proper care, "secondary injury". Therefore, it is of great practical significance to strengthen the research on the protection of the rights of victims in criminal cases.This article is divided into five parts:the introduction mainly on the topics of the background and significance of topics such as a comprehensive review. The first part of the subject to carry out a review of the relevant theoretical knowledge, including the basic theory of criminal victims, the basic characteristics of the victim, on this basis, focusing on the criminal victim’s legal rights and substantive rights. In the second part, the current situation of the legislation of the protection of the rights of criminal victims in our country is analyzed, and the status quo of the legislation is given. Judicial status, in many years of judicial practice, the specific implementation of the current criminal victims in our country there are still many problems, and even some have been recognized by the law of litigation rights can not be very good. In terms of the right to know, the right to participate in the existence of a serious loophole, the rights of the victims to bring a lot of impact. The third part mainly analyzes the problems and causes of the victims’rights protection in our country. The problems are analyzed from four aspects:litigation rights, loss compensation, state compensation and legal aid. On this basis, the basic reasons for these problems are also analyzed from the realistic factors, theoretical factors and institutional factors. The fourth part mainly to improve our criminal cases of the victim’s right protection system of the design of countermeasures, to consider the victim’s actual power, strengthen the victim’s litigation rights, improve the victim’s request for compensation for power, improve the victim’s state compensation system, the implementation of diversified legal aid measures, etc..