Research On The Protection Of The Rights Of Victims Of Sexual Crimes

In the criminal proceedings,the victim and the defendant are not equal,the victim's rights are not guaranteed.Compared with other criminal victims,sexual crime the damage to the victim has its particularity,in addition to the defendant's first damage caused by means of violence,coercion,also very vulnerable to secondary damage,such as ordinary courts authority in case of improper handling,prejudice against the victim,etc.Many countries and regions defines the rights of criminal victims special protective measures,and sexual crime victim's right protection in China has many shortcomings,not only the lack of corresponding legal regulations,there are various problems in the judicial practice.The criminal procedure should pay attention to the protection of the victim's human rights while punishing the crime,so it is necessary to strengthen the protection of the victim's rights.Therefore,in this paper,the current legislation and practice in the analysis of existing problems,and draw lessons from the United States,Germany,Japan,Taiwan and other countries and regions advanced experience,put forward effective criminal victims rights of special protective measures.The article is divided into the following parts:The first part,discusses the theoretical basis of sex crime victims rights protection,here no longer deals with the basic theory of the victim protection,but rather from feminism jurisprudence,crime victim learn two more closely associated with sexual crime victim rights protection point of view.The second part introduces the status quo of protecting the rights of victims of sex crimes in China.First,the legislation and judicial interpretation of the protection of the victims of sex crimes in China are simply combed and analyzed.The second is to investigate the judicial practice of the protection of the rights of victims of sex crimes in China.This paper analyzes the status quo of the protection of the rights of victims of sex crimes in China.The third part focuses on the problems of the protection of the rights of victims of sex crimes in China:first,the right to know of the victims of sex crimes is not guaranteed.Second,the right to participate in sex crimes is not valued;Thirdly,the privacy protection of the victims of sex crimes is insufficient;Fourthly,the right to dignity of the victim of sex crimes is ignored.Fifth,the victims of sex crimes do not enjoy the right to compensation for spiritual damage and state compensation.In the fourth part,the author puts forward the suggestion of improving the protection of the rights of the victims of sex crimes in China:first,to improve the right to know the victims of sex crimes;Second,special provisions on the right of participation of victims of sex crimes;Third,to strengthen the privacy protection of victims of sexual crimes;Fourthly,we should pay attention to the right of human dignity of the victim of protective crime;Fifth,establish the right to claim compensation for mental damage and establish a sound national compensation system.