Protection Of The Victim Of Sexual Crime In Criminal Procedure

Strengthening the protection of victims of crime is a modern criminal thought,the protection of the victim of sexual crime in criminal procedure,and is a new topic of the Criminal Procedure Law scholar.The victims of sexual offences are protected as a separate category,and there is a need for them.Victims of sexual offences have suffered physical and mental injuries,and are extremely vulnerable to two injuries in criminal proceedings.Victims of sexual offences have the right to exempt from two victims of victimization,privacy,procedural participation,and recovery of victims.The existing legislation and practice have insufficient protection of the rights of victims of sexual crimes in criminal proceedings.The legislation-led model of Taiwan and the Hong Kong model of Government and civil cooperation can be compared and used for reference.The criminal procedure for creating a comprehensive protection for victims of sexual offences should be the target.The existing legislation and practical experience of protecting the victims of sexual assault minors can be perfected and extended to adult victims,which is one of the paths.Through the protection of the victims of sexual crime in all phases of criminal procedure,the victim is able to realize "peace of this end" in the physical and psychological level after the incident,and return to the society and life smoothly.The article is divided into the following sections:The preface introduces the context of the research on victim and sexual crime,the literature survey,and the scope of sexual crime,research methods.The first chapter discusses the theoretical basis of victim protection of sexual crime,from the perspective of personality dignity,crime victim study and feminist jurisprudence.The second chapter introduces the practice and legislation of protective crime victims in the criminal procedure in Taiwan and Hong Kong,and implements the common law of Hong Kong and the Continental Law system Taiwan,providing different protection ideas and practical experience.The third chapter introduces the status quo and legislation of the victim's rights protection in China.The fourth chapter focuses on constructing the protection system of the victim of sexual crime in criminal procedure.In order to avoid two victimization as the starting point,to realize the recovery of the victim's life,including the protection of the victim's right of privacy.An inquiry principle and the prohibition of improper questioning of victims of sexual offences,allowing victims of sexual offences to adopt special forms of testimony,introducing expert witnesses in sexual offences,introducing special testimony in cases of sexual offences,establishing the right to claim mental compensation,extending and clarifying the scope of national judicial assistance.At the same time,it is necessary to train and select specialized personnel in the public security organs,procuratorial organs and people's courts to deal with sexual offences,and introduce specialized groups to assist in the criminal procedure,thereby maximizing the rights of the victims of the protection of crime.