Research On The Protection Of Victims' Rights And Interests In Criminal Settlement In China

As a kind of dispute resolution which is different from traditional criminal justice,criminal reconciliation has its unique advantages.The traditional concept of criminal law is that crime is a violation of public interest,including the citizen's personal right and property rights.Therefore,the state,as a defender of the public interest,use the coercive force of the state to punish crimes to protect national interests,social interests and personal interests.With the development of society,this kind of judicial concept and pattern gradually changed.The criminal reconciliation system,as the product of the western restorative justice idea,and the complementary dispute resolution mode of traditional criminal procedure appeared.Compared with the traditional model,the advantages of criminal reconciliation in the protection of victims' rights are obvious,and it fully respects the parties,especially the subject status of the victims.The victim can according to his own will,in the reconciliation and criminal negotiation,any reasonable compensation,the criminal offender through sincere repentance and give full compensation,get the understanding of the victim.Whether it is for the criminal or the victim,the interests of both.In 2012,the criminal procedure law was amended to formally write the criminal reconciliation system into law.However,although criminal reconciliation has been established in the legislation,there are still many problems in practice.It is particularly obvious that the rights and interests of the victims in the criminal settlement in China.Both in theory and in practice,they are not paid enough attention.In this paper,the author analyzes the protection of victims' rights and interests in the application of the theory and practice,and proposes the existing and related solutions.This article will be divided into four parts.The first part,the connotation of criminal reconciliation and its role in the protection of victims' rights.This part introduces the meaning of the criminal reconciliation system,the discrimination of other similar concepts and the protection of the victim's rights and interests;The second part is the investigation of the protection of victims' rights and interests in the criminal settlement system.The main content is the main countries of continental law system and Anglo-American law system of criminal reconciliation system analysis theory and practice,through comparing the differences and similarities to the protection of the rights and interests of the victim of criminal reconciliation system in China;The third part is the present situation and existing problems of the protection of victims' rights in the criminal settlement in China.This part will elaborate on the specific provisions of the criminal reconciliation system in China,and focus on the shortcomings of the protection of victims' rights and interests in the criminal settlement.The fourth part,aiming at the problems in this paper,the suggestion to the improvement of the protection of the rights and interests of the victim in the criminal reconciliation,respectively from the Angle of the legislation and practice of the Angle of supporting measures put forward solutions.