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Research On The Protection Of Victims' Rights In The Field Of Criminal Incidental Civil Action

Posted on:2020-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z YangFull Text:PDF
GTID:2416330590484279Subject:Law
Abstract/Summary:PDF Full Text Request
At present,the criminal procedure system of our country is centered on punishing crimes.To some extent,the state litigation right has replaced the victim's right of private prosecution,leading to the victim's status in criminal procedure becoming "the person forgotten by criminal justice".In criminal judicial practice,the victim is often neglected and ignored.With the development of our country,various kinds of economic and extreme crime cases are frequent.One act triggers criminal and civil related laws,resulting in the intersection of two departmental laws,that is,criminal and civil cases.At present,judicial practice tends to abuse the principle of "punishment before the people" in the cross-case between the criminal and the civil.As the infringed party of the case,the actual victimization situation has been very serious,and the victim has become a bystander of the "prosecution,defense and trial" tripartite home court or just a silent witness.The conflict between the victim and the accused is not only not solved well,but also leads to further escalation of the conflict.Protection of Victims' Rights in Criminal-Civil Intersection Cases Part I,Chapter VII of the Criminal Procedure Law of China in 2012 stipulates the plaintiff,scope of initiation,compulsory measures,trial procedure,mediation and judgment or ruling of criminal incidental civil action.However,for a large group of victims,the ways to participate in criminal proceedings,obtain compensation,compensation or relief are still very limited,especially for the increasingly frequent criminal-civil cross-case.As an important system for the protection of victims' rights,the system of criminal incidental civil litigation facilitates the clarification of the legal relationship between criminal liability and the aggregation of civil liability;it is that the victims can obtain compensation for damages caused by criminal acts and damages caused by torts,thus realizing the unity of criminal and civil cases.From the legislative and judicial point of view,it is of great significance to study and improve the system of criminal incidental civil action for the protection of the rights of victims in criminal and civil overlapping cases.This article will discuss in three aspects: first,to improve the relevant provisions of the Criminal Procedure Law on the scope,principles and standards of compensation,taking the scope,principles and standards of compensation in civil proceedings as the scope,principles and standards of compensation in criminal incidental civil proceedings;second,to improve the protection mechanism of victims' rights,and to establish the mechanism of compensation,compensation and relief for victims from the legal level;third,to be fair;We should balance the protection of the rights of defendants and victims,and strengthen the protection of the rights of victims in the reform of criminal procedure system centered on trial.
Keywords/Search Tags:Criminal Victim, Protection of rights of Victims, civil suit collateral to criminal proceedings
PDF Full Text Request
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