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Research On The Appearance Of Victims Intrial Of Public Prosecution Cases Research On The Appearance Of Victims Intrial Of Public Prosecution Cases

Posted on:2020-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:K Q WangFull Text:PDF
GTID:2416330572494205Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the rise of victim learning and the strengthening of the protection of victims' litigation rights in the world,the status of victims in criminal proceedings and the protection of rights in public prosecution cases have become a topic of great importance to all countries.The litigation status of the victim's party in China's criminal procedure law is beneficial to maintain the balance between the victim and the criminal suspect and the defendant in the litigation,so as to strengthen the protection of the victim and help to combat crime and protect human rights.The ultimate realization.As the core part of criminal proceedings,the trial procedure is the proper meaning of the victim's participation.However,from the practice in recent years in China,although the victim's litigation status has been improved in terms of legislative provisions,the actual victim has not been effectively protected in the litigation process,and needs to be further improved in legislation and judiciary.China's "Criminal Procedure Law" has been continuously revised,and the protection of the defendant's litigation rights has been strengthened to promote the realization of the value goal of "punishing crimes and safeguarding human rights".The attention of the victims is extremely small,and the "victim witnessization" is particularly obvious.As a kind of statutory evidence,the victim's statement does not clearly stipulate the victim's obligation to testify in court,and it is also a violation of the principle of direct speech.This article is divided into three parts.The first part is to sort out the issue of the appearance of the victim in the public prosecution case.To explore the issue of the appearance of a victim in a public prosecution case,we can propose a solution and continuously strengthen the protection of the victim.The appearance of victims in public prosecution cases includes the low proportion of court appearances,the concentration of court cases,the lack of protection of court rights,the existence of multiple criminal victims in court,and the question of court cross-examination.The second part is the perspective of the cause of the criminal victim's appearance in court.Analysis of the reasons for the formation of criminal victims in court is the basis for solving related problems.The reasons for the criminal victim's appearance in court include three aspects: the imperfect provisions of criminal legislation,the deviation of different subject litigation concepts,and the psychological reasons for criminal victims' dislike.Firstly,it discusses the imperfections of criminal legislation from the legislative provisions,the lack of protection of criminal victims' rights,and the lack of direct verbal principles.Then it discusses the deviations of different subjective litigation concepts such as public prosecution agencies.Finally,it is aimed at criminal victims' own disgusting psychology,victims' subjective color is serious,etc.The problem is discussed.The third part is the perfect countermeasure for the criminal victim to appear in court.This part includes two parts: improving the legislative provisions on criminal victims' appearance in court and improving the criminal victim's appearance system.First of all,from the construction of criminal victims in court to protect the rights protection system,improve the criminal victim's participation in court,and other measures,improve the system of multiple criminal victims appearing in court,and refine the criminal victim's court trial procedures in four aspects to improve the legislative provisions;and then strengthen the criminal victim The issue of appearing in court publicity and education,improving the necessity of criminal victims to appear in court,establishing a training system for criminal victims to appear in court,and constructing a relief system for criminal victims in court to solve the problem of criminal victims appearing in court.
Keywords/Search Tags:criminal victim, appearing in court, the reason, countermeasures
PDF Full Text Request
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