Research On The Protection Of Victims' Rights In Investigation

With the promulgation of the Universal Declaration of Human Rights,in recent years,the international human rights cause has developed rapidly,more and more attention has been paid to the protection of human rights in the world.In the process of criminal proceedings,the performance of the suspects,the defendant legal rights protection research more and more in-depth,formed a perfect protection system,the suspect,the defendant has been a full range of protection.Correspondingly,criminal victims who have been infringed by criminal cases,in the investigation stage to provide evidence for the investigating authorities,with the investigating organs to detect the case,in addition,its legal rights are almost no protection of the judiciary.With the rise of victims in the twentieth century,the legitimate rights of victims have been paid more and more attention.Countries have begun to realize the importance of the protection of victims 'rights and gradually carry out the protection of victims' rights and carry out them in laws and regulations.The investigation stage is the first stage of the criminal procedure,the protection of the victim's rights in the investigation stage plays an important role in the whole process of criminal proceedings,it is very important to find out the case and ensure the smooth implementation of the criminal procedure,on the other hand also embodies the protection of human rights.At present,some major countries and regions in the protection of the rights of victims in the study of the more in depth,representing the direction of world development,the United States,Germany,Japan,China Taiwan in the protection of victims of outstanding achievements,developed specifically for the protection of the rights of victims Law,the protection of the rights of victims more comprehensive,in the world leading level.Compared with the major regions and countries in the world,there is no law to protect the rights of victims in our country.The content of the protection of the rights of the victims is scattered among the laws and related judicial interpretations.There is a problem of the right to know and the lack of lawyers' The right of the victim to return the property is not perfect,is not conducive to the protection of the legitimate rights of victims.In the judicial practice,although the victims were classified as litigants,but it can not effectively participate in litigation,on the one hand the investigative authorities on the basis of the only examination of the investigation-oriented so that is not included in the assessment of the scope of the case of victims difficult to protect their laws through the law Right,on the other hand the investigating authorities in the process of not paying attention to the victim's psychological feelings and lead to the victim's "second victim.".There are many reasons for the lack of protection of the rights of victims in our country.There are mainly reasons for legislation,the deep-rooted nature of traditional litigation,the reason of our investigation mode and the deviation of supervisors.In view of the above reasons,in our legislation,we should implement the victim 's lawyer' s right in the investigation stage,perfect the victim 's right to know,property right,and right of privacy.In the judicial practice,the investigating organs should establish a scientific investigation orientation,and perfect the way of inquiry.Finally,but also to shape the victim and the suspect's rights protection of the balanced relationship,the only way,in order to carry out all-round protection of the victims.