Research On Special Rights Of Juvenile Victims

Juveniles have always existed as special subjects in the law and have been treated specially by the law.Based on the concern over the protection of human rights of offenders and the implementation of the principle of children's best interests,China 's criminal policy for juveniles has a clear protectionist tendency towards juvenile offenders,but it has ignored the concern of juvenile victims' rights and interests,making juvenile victims' rights and interests in juvenile delinquency squeezed.Juvenile victims,as juveniles,have immature physical and psychological characteristics.On the other hand,they do not know how to better protect their legitimate rights and interests after being violated by a crime.In recent years,crimes against juveniles have occurred frequently,and the reality also requires that we need more protection and special protection for juvenile victims.In view of the fact that the existing research pays more attention to the theoretical basis of special protection for juvenile victims,victim analysis,and special case handling models,and ignores the special rights of juvenile victims,This paper discusses the special protection of the juvenile victims with the theme of the construction of the three special rights: the right to be forgotten,the right to be present for the appropriate adults and the right to choose the way to testify.This article is divided into four parts:The first chapter discusses why special rights should be given to juvenile victims.One is the characteristics of the juvenile victim.Juvenile victims have immature physiological and psychological development,who are vulnerable,and have weakresistance;after the case,their memory and expression are poor,and they are easily confused.After being victimized,They may generate negative emotions and exclude Society.The second part tells the theoretical basis of special protection for minor victims.The basis includes the maximization of children's interests,parent of the nation,child-friendly thinking,and prevention of "evil reversals" among underage victims.The purpose is to strengthen the rights of entities such as privacy,guarantee participation in litigation,and prevent the occurrence of "secondary harm".The second chapter mainly expounds the right to be forgotten of juvenile victims.The right to be forgotten is an important measure to guarantee the normal physical and mental development of juveniles,which can effectively avoid secondary harm and promote juvenile victims to Integrate into society.But at present,both at home and abroad focus on protecting the right to be forgotten of a juvenile defendant.The right to be forgotten of juvenile victims is not guaranteed in law and practice.Therefore,it is necessary to build the right to be forgotten for juvenile victims.Establish the basic litigation rights and status of the right to be forgotten for juveniles;clearly define the content of juveniles being forgotten;Strengthen the information protection measures for the juvenile victims;keep the litigation process private and the documents private?The third chapter revolves around the right of presence of juvenile victims' appropriate adults.The first part of this chapter deals with three models in China and existing law on the right of minors to be a suitable adult.The comparison shows that the two are different when applying the right of presence of suitable adults.The second part focuses on the suitable adult presence system in Israel,Austria and other extraterritorial countries.Whether a lawyer has the qualification to be an appropriate adult,the right to choose an appropriate adult,the duty of an appropriate adult and the consolidation of the effect.The third part is to make specific suggestions for improving the right of presence of juvenile victimsThe fourth chapter focuses on the right of giving juvenile victims the right to testify.juvenile victim are obliged to appear as witnesses,but it is contradictory to protect the victims 'physical and mental interests.In view of the particularity ofjuvenile victims,and on the basis of investigating the ways of testifying of juvenile victims in foreign countries and the actual operation in China,it is recommended to create a variety of testimony methods for juvenile victims and give the victims an autonomous decision on the choice of testimony methods.In the end,while protecting the interests of juveniles as a priority,the defendant's right of cross-examination must also be protected to balance the relationship between the two.