Research On The System Of The Protection Of The Rights And Interests Of Criminal Victim In Our Country

The purpose of criminal procedure law is not only to punish crime, but also to protect human rights. With the development of modern democracy and the rule of law,the legitimate rights and interests of criminal suspects and defendants in criminal proceedings have been paid more and more attention,and its legal protection has been also constantly strengthened. Although the body and mind of the criminal victims will be affected by crime of different degree of damage, they have a strong desire to punish the perpetrators, but did not receive protection and attention as equal degree as offender for a long time. As the weak in the vulnerable groups, the protection of the rights and interests of the criminal victims is an important embodiment of a country's respect and protection of human rights. With the rising worldwide campaign to the protection of victims, the main countries of common law and civil law generally attach importance to strengthen the protection of the rights of victims, and establish the corresponding system to solve the problems of the victims' rights protection according to its legal tradition and specific national conditions. As far as our country is concerned, although the current criminal procedure law establishes the principle of respect and protection of personnel, establishes the status of the victim's party, and gives the victim a wide range of litigation rights.However, there are still many shortcomings in the current legislation of our country, the rights of the victims are still subject to various restrictions, the victim's status and protection of the rights and interests are not implemented. Therefore, drawing lessons from the advanced legislative experience of the main countries in the world, combining with the specific national conditions of our country, we put forward the specific recommendations to improve the protection system of criminal victims' rights and interests in China, undoubtedly has a very important legal significance.This paper is divided into four parts except the introduction and the conclusion.In the first part, it explains the basic theory of the system of the protection of the rights and interests of criminal victims. First of all, the concept of criminal victims is discussed in this part,that is,the criminal victim can be defined as a person that who has personal rights, property rights and other lawful rights protected by law suffers from crime and require to investigate for legal responsibility of the offender, participate in criminal proceedings, and enjoy the corresponding litigation rights. The victim has the following legal characteristics: personal, property and other lawful rights and interests are objectively infringed; there is a direct causal relationship between the consequences of victim and criminal behavior; the victim enjoys procedural participation right according to law. Secondly, the concept of the rights protection system of criminal victim is discussed in this part on the basis of the foregoing discussion, which refers to all litigation rights system collectively which make criminal victim legally and effectively participate in criminal proceedings, safeguard their legitimate rights and interests, and have accused of a crime, including procedural and substantive protection system protection system. Thirdly, this part discusses the theoretical basis of the protection system of criminal victim's rights and interests, and points out that the system is based on the theory of human rights protection, the three victim theory and the theory of procedural justice. Finally, this part analyzes the legal meaning of the protection system of the rights and interests of criminal victims, the system is required to implement the protection of human rights, helps to combat crime, helps to build a harmonious society,and helps to establish people's faith in law.In the second part,there is a comparative study and investigation of the rights and interests protection system of the criminal victim in foreign countries. There are detail introduction for the system of the protection of the rights of victims in Germany and France of the civil law, and there are detail introduction for the system of the protection of the rights of victims in the United Kingdom and the United States of the British and American legal system. Finally, through the comparative analysis of the rights protection system of criminal victims in the two legal system countries,this paper finds out the successful experience of improving the protection system of criminal victim's rights and interests in China.In the third part, the paper introduces and analyzes the present situation of the system of the investigation personnel in court. The current situation and existing problems of the protection system of the victim's rights and interests in our country are introduced. The current criminal procedure law of our country establishes the litigant status of the criminal victim, and provides the right of the victim in the criminal procedure. However, there are many defects in the system of the protection of the rights and interests of criminal victims in China as following: the party status is weak; the scope of criminal incidental civil action is too narrow, the victim is entitled to make compensation for mental damage; the victim's lawsuit participation right system is insufficient; the lack of legislation of state compensation system; the lack of protection of the rights of victims in criminal reconciliation.The fourth part, the legislative perfection of the system of the protection of criminal victim rights and interests in our country is discussed in detail. In view of the legislative defects of the system of protecting the rights and interests of criminal victims in our country, our country should learn from the successful experience of the main countries in the world, based on China's national conditions, to improve the system of protection of the rights and interests of criminal victims in China from the following aspects: to fully guarantee the victim status of the parties; to effectively protect the criminal victim's right to participate; to expand the scope of criminal incidental civil litigation, and to put damages the spirit into the scope of criminal incidental civil action for compensation; to establish national compensation system for criminal victims in criminal reconciliation; to actively promote the work to protect the interests of victims.