Research On The Mechanism Of Judicial Assistance For Criminal Victims

The criminal victim's judicial assistance is the working mechanism of temporary and acute help in the economic,psychological and other aspects of the victim who has suffered serious damage to the criminal behavior of others in criminal litigation,and can not get timely compensation and other social assistance,which leads to the victims of serious difficulties such as life,medical treatment and so on.The right to judicial relief is a specific right in the human rights of citizens,and is a legal right in the sense of constitutional norms.At present,China is in a period of prominent social contradictions and a high incidence of criminal offenses.Some criminal cases can not be detected because of the case,the defendant has no compensation ability or lack of compensation ability,so that the victims and their close relatives can not be effectively compensated according to law,and the situation of life in trouble is increasing.In the face of this social reality,the state must adhere to the problem oriented,shoulder the responsibility of the supply of judicial assistance,seek the theoretical basis for the judicial assistance system and solve the problems of social reality.In order to effectively strengthen the special protection of the rights of the criminal victims and make the rights of the victims fully remedied,the Party Central Committee and the National People's Congress attach great importance to the implementation of the criminal victim's judicial assistance system.The victim assistance system of the criminal is an important ring to realize the justice of all people in the criminal justice system.It is also an important symbol to measure the state's respect and guarantee of human rights and the degree of judicial civilization.The criminal victim assistance system in China is a compensatory measure to protect the legitimate rights and interests of the criminal victims in the great environment of creating a harmonious society.Its implementation is of great practical significance.This article is divided into four parts.The first part is the introduction.It mainly introduces the research background,significance and necessity,research status,research methods and research contents of judicial aid for criminal victims.From the empirical point of view,the paper studies the judicial assistance of the criminal victims of the procuratorial organs of G City,that is to analyze the practice and problems of the judicial assistance of the criminal victims in the front line of the procuratorial organs,mainly involving the protection of funds and the research on the judicial assistance of the criminal victims;through the detailed statistical analysis,In the judicial practice,the procuratorial organs have played the presupposition function and function of the criminal victim judicial assistance,and there are some problems in the concrete operation,and put forward the relevant countermeasures so as to make the criminal victim judicial assistance better play its presupposition function in practice.The second part is the basic situation of the judicial aid work of the criminal victims in G City procuratorial organs.From the construction of the criminal victim's judicial assistance system,the source of clues,the object of judicial assistance,the payment of the amount of salvage,the way of relief,the type of judicial assistance and the stage of the rescue,it involves the implementation of relevant documents and relevant standards,as well as the related results,and further to the above.The situation is analyzed and studied.The third part is the problem of judicial assistance for criminal victims.Mainly through the empirical analysis,there are still no unified assistance standards and lag in the rescue work,that is,the standards and conditions for the starting assistance of the litigation link are lack of standard and conditions,the amount of salvage is not consistent,the amount of salvage is generally low,the approval cycle is long,and there is no independent funding pre calculation;the judicial assistance work is mainly resolved.The means of conflicting disputes and the means of appeals to visit,and less assistance in the procuratorial link;the judicial assistance involves the poor information sharing between the political and legal organs and the procuratorial organs,the lack of publicity,the low awareness of the public,and the repeated visits by the parties.To apply for assistance,a single rescue method,a lack of diversification,the scope of coverage is not wide,and the object of assistance is limited to natural persons;the special procedures of juvenile judicial assistance have not been established.The fourth part is to perfect the Countermeasures of judicial assistance for criminal victims.It is proposed to start the unified rescue standard from the city level city,simplify the examination and approval procedure,carry out the fund pre allocation management and the annual budget,establish the special fund for judicial assistance and the compensation mechanism for the victim assistance of the criminal victims;carry out the assistance or help to apply for assistance,introduce the external supervision of the judicial assistance,establish the communication and cooperation mechanism,and strengthen the propaganda.To establish the network platform for the national judicial assistance,open the link channels,expand the influence of the rescue work,and establish the system of right notification and information sharing;strengthen the pluralistic assistance,relax the object and scope of salvation,establish the connection mechanism of judicial assistance and social assistance,and explore the assistance to the units properly;Good handling of the case mechanism,the establishment of juvenile relief cases "green channel" and the rescue record seal system,and improve the psychological dredging and guidance mechanism,fully reflect the special protection of minors to improve the countermeasures.