Chinese The Victim Protection System And Modern Criminal Law Reference

In promoting the construction of modern rule of law in the country for a hundred years,we still can often hear the voices of the public in the discordant notes,in question the law of fairness and justice.As in the common judicial practice of intentional injury cases,often easy to cause the public do not understand,and even resentment.The criminal trial activities although we realized the crime purpose,but not from the source to completely solve the contradiction between the parties,implementation has not really protect the legitimate rights and interests of both the victim and the offender.How to protect the rights and interests of the victims in the criminal justice activities of intentional injury cases,so that it can be effectively treated? How to make the exercise of public power in the process,fully protect the legal interests of criminal proceedings,while achieving the law of fairness and justice?The author with doubt,to find a way that accords with China's unique national conditions and can fully protect the victim and the offender of both human rights law as the starting point,focus to Baogu system.The characteristics of China's ancient ofbaogu system is able to take into account the criminal and civil litigation,to fully protect the criminal law benefit at the same time,but also to both victims of individual rights to physical damage to the victim's treatment,and provide positive help for economic compensation at the same time,to mobilize the active treatment of crime the suspects and their families to maximize the victim with subjective initiative,timely compensation compensation,can make the victim's damage and recovery in the physical and psychological and objective effect,and make the offender's subjective psychology of real repentance,to truly achieve the "interest litigation","only appeal to".This paper is divided into three parts to introduce the victim protection system and its significance in modern criminal law.The first chapter China ancient ofbaogu system overview,from the definition and origin of the victim protection system,characteristics and defects such as the origin and the history of the Tang Dynasty,Baogu system is discussed in detail how to Baogu system;the second chapter from the spirit of modern law in the Tang Dynasty Baogu system,this chapter mainly adopts the method of comparison and demonstration.The Baogu system contains the modesty of criminal law value and the assurance system of humanitarian spirit;the third chapter finds ways from injury identification,the victim assistance system,enforcement process,the four aspects of the reconciliation system applicable and questioned deficiencies with modern criminal law,how to integrate the essence of the victim protection system to solve a bold discussion.Although the Tang Dynasty Baogu system of ancient social economy level limitation,with the objective of idea incrimination,causality chaos and other defects,but its so contains the modesty of criminal law value and humanitarian spirit,for the application of modern criminal law,provides the essential theory support and improve the modern new victim assistance system,the system of victim protection in for part of the essence of human progress in the modern criminal law theory is one of the main purpose of this discussion.