An Empirical Study Of The Criminal Victims' Rescue System In China

"Today,when people say that they have been sentenced to light punishment,they can only see that the offender is compassionate,and those who are not injured are particularly commendable." While increasing the emphasis on protecting the defendant's legitimate rights and interests,the relief of criminal victims cannot be ignored.Criminal victim assistance system came into being.Its connotation refers to the system in which a rescue agency provides certain assistance in different ways through statutory procedures when the victim or his relatives are infringed but the victim is unable to compensate,and there is no other channel to obtain corresponding compensation.In the past forty years,the theoretical circle of our country has carried out extensive discussions and in-depth studies on the system,which has laid the foundation for the practical system to carry out the rescue system.The practical circles have also actively explored in the past two decades.The successive release of documents and pilots have indeed played an active role in comforting victims,maintaining social stability,promoting fairness and justice,and maintaining the rule of law.However,with the deepening of research,the theoretical community is facing problems such as repeated output of knowledge and lack of empirical research;while the practical community is also facing problems such as inconsistent rescue standards and alienation of the rescue system into tools that make things easier.Based on this situation,this article conducts an empirical investigation with City C as a sample,discovers the problems and the reasons behind them,summarizes advanced foreign experience and proposes relevant suggestions for improvement.In order to solve the predicament,protect the legal rights and interests of victims,and promote the rescue of criminal victims The system of rule of law makes a small contribution.In addition to the introduction,conclusion and appendix,this article will discuss the criminal victim assistance system from four parts.The first part is a summary of the theory of criminal victim assistance system.If we want to conduct an empirical study on the criminal victim assistance system in city C,we must first clarify the theoretical roots behind the system.This is the purpose of the first part of writing.This section first studies the theoretical doctrines behind the system,such as the theory of state responsibility,criminal policy,and comprehensiveism.Second,it defines and summarizes the system on the premise of insisting on comprehensiveism as the basic theoretical support after combing the various theories.The basic concepts and characteristics of the system;finally,through analysis,it is concluded that the establishment of a criminal victim assistance system can effectively prevent the victim from being transformed into an offender,promote judicial justice,and prepare for the development of empirical research.The second part: empirical research on the rescue system of criminal victims in city C.This is one of the cores and innovations of this article.After all,the key to discovering and solving problems is to proceed from reality.Therefore,this section uses C city as an example to conduct empirical research.This section first introduces the survey overview,including the survey methods and the statistics of the basic personal information of the respondents;secondly,from the perspective of investigating the courts,citizens and applicants in C city,it is found that the legal status of the rescue system exists in C city.Problems such as low rank,low public awareness,and lack of spiritual assistance.Finally,the in-depth analysis of the main reasons for the ineffective implementation of the system in City C,such as the lack of national uniform laws and regulations,inadequate empirical research in the theoretical world,and the tendency of the practical world to protect the defendant.Part III: The reference to the assistance system for criminal victims outside China.Based on the problems found in the second part of the empirical investigation,the extraterritorial assistance system for criminal victims is earlier than China in terms of theoretical research and practical exploration.It is relatively more mature and advanced.Therefore,we need to look at foreign countries and regions.This approach forms the third part of this article.From the micro perspective,this section will cut the legal norms of typical countries and regions where criminal victim assistance systems are set up.From the perspective of legal norms,aid agencies,objects,conditions,methods,funding sources,etc.,contact C.The results of the city survey comprehensively compare,analyze,and summarize the advantages of the extraterritorial criminal victim assistance system,and draw conclusions that extraterritorial advantages can bring to China.Part four: Suggestions on the improvement of criminal victim assistance system.This part is the core of this paper,which is mainly based on the problems found in the empirical research of C city court,the public and the recipients,and the reasons behind,and combined with the overseas experience of the third part,from the three perspectives of C city court,the public and the recipients,the corresponding Suggestions for improvement are proposed.The Suggestions from the perspective of C municipal court mainly emphasize the establishment of a national unified relief system in the future,and follow the four basic principles of supplement,limitation,timeliness and fairness.Meanwhile,independent relief agencies should be set up,the scope of objects should be narrowed,the relief conditions should be clarified,and the ways of increasing sources of funds should be increased.Suggestions from the perspective of the people in C city mainly focus on increasing publicity and improving the protection awareness of the people themselves.The suggestion from the perspective of C city recipients is to emphasize the diversified rescue methods and simplify the rescue process.