On The Relief System Of Criminal Victims In China

In Chinese criminal procedure as well as an incidental civil lawsuit, long-term with the defendant standard as the core, while the victim is in an extremely awkward position, violated the legal rights and interests cannot obtain the effective protection, which greatly deviated from the criminal procedure law and the protection of human rights legislation idea, one-sided emphasis on the defendant the guarantee of human rights, ignoring the victim's right protection.The article from the analysis of Chinese current criminal victims relief situation, defining the scope of judicial practice in China, the victim to obtain relief ways and difficulties, the relief system for criminal victim in China improve the realistic necessity and value orientation; according to the overseas related legislation and system evolution, analysed abroad to criminal the relief for victims of the legislative model and the supporting system, summarized our country criminal victims relief pilot circumstance; put forward our country to build the relief system for criminal victim mode "to help after the national compensation system", analyzed in the judicial procedure, from relief mechanism is arranged, the relief object, scope and conditions, application and review program, may review decisions of relief, relief, relief funds, relief standard gold recovery, how our country should establish a relatively perfect relief system for criminal victim, strengthen the criminal victims' status in litigation, a gradual transition to the "victims' status and rights as a litigant", balanced criminal victim and the defendant. The guarantee of human rights.