| In the current judicial practice,people pay more attention to the human rights of the criminals,but little attention is paid to the protection of the rights of the victims.The victims,as the direct suffer of the crime,can not be effectively protected by the procedure and the entity,and they might fall into the pain of repeated hurt.With the popularity of the concept of humanism,the rights of the victims should be concerned and guaranteed,which is indispensable to social development,as well as the manifestation of litigation democracy.In order to better protect and return the rights of the victims,on the one hand,the concept of criminal justice should be transformed,on the other hand,the criminal litigation system should be rebuilt.In this thesis,it tries to illustrate the protection of the rights of victims from the following five parts:the first part,literature review on the status quo at home and abroad,it microscopically states the origin and the trend of the protection of victim rights and analyzes the international situation and China’s current progress on this point.The protection of the rights of the victims has become a consensus among the international communities,but also an important symbol of a national criminal litigation democracy and maturity.The second part analyzes the current deficiencies in the protection of the rights of victims.On the recognition and approval of the measures to protect the rights of the victims in China,it makes the in-depth analysis of the embodiment of the deficiencies in the protection of the rights of victims from the aspects of judicial philosophy,system design and judicial behavior.The third part discusses the social and historic origin of the deficiencies in the protection of the rights of victims.It tries to analyzes the similarities and differences,advantages and disadvantages between"public relief’ and "private relief",and also reviews the deficiencies of "public relief" mode of criminal judiciary,to reflect existing problems,which lay a theoretical foundation for the combined system construction of public power and private power relief model.The fourth part focuses on the construction of the protection system of victims rights.It seriously reflects on the system of litigation status,criminal incidental civil lawsuit,and points out its defects and shortcomings.According to these defects,it then puts forward some proposals on the perfection of the mechanism of litigation,the improvement of the criminal victims’ participation in the dialogue system,the establishment of the spiritual compensation and psychological assistance system,the establishment of national and social liability to fully protect the rights of victims based on the procedure and the entity.The fifth part is the conclusion.With the growing of the victims groups and the awakening of the awareness of rights,the traditional measures for victim protection can not meet the requirements of the times.The nation must face up to the reasonable demands of the victims,and construct a three-dimensional overall victim protection system including lawsuit system design,criminal judicial idea,social assistance,domestic help and so on. |
