Research On The National Relief System For Criminal Victims

The newly revised Criminal Procedure Law in 2012 clearly stipulates the content of respecting and protecting human rights,and conforms to the trend of human rights protection development in the current era.For a long time,both the legislative and judicial circles and the theoretical circles have paid more attention to the protection of the rights and interests of criminal suspects and defendants.The rights guarantee mechanism of criminal suspects and defendants has been continuously improved and developed,but the protection of the rights and interests of victims has been neglected..It is undeniable that providing victims with efficient and convenient assistance and guaranteeing their dignity and the dignity is conducive to balancing the protection of victims' rights and safeguarding the fairness and justice of society,and is of great significance to social harmony.The national victim assistance system for criminal victims is an important achievement of modern human rights protection.Many countries in the world have established a comprehensive rescue system and achieved good social effects.However,China has not proposed a unified criminal victim assistance system.At present,as a pilot,some places have begun to explore and try the victim rescue system.While achieving certain results,there are also lots of problems.Based on the investigation of relevant legislation and practice at home and abroad,this paper bases on the exploration status of the protection of victims in the situation,and summarizes the advanced experience of foreign countries,poses the problems existing in the current victim assistance system in China and proposes the framework for developing the national assistance system for criminal victims in China.This paper mainly studies the criminal victim's national rescue system from the following four parts:The first part is the preface.It mainly describes the background of the establishment of the criminal victim rescue system and the status of foreign exploration.The core of this paper is the necessity of establishing a criminal victim rescue system,and briefly points out the problems existing in the current national victim assistance system in China,paving the way for the whole article.The second part is an overview of the criminal victim assistance system.Firstly,it discusses the connotation and characteristics of the criminal victim rescue system.Then it analyzes the legal basis of the criminal victim rescue system to construct the criminal victim rescue system.The system is based on the theory of human rights dignity and human rights protection theory,with the theory of state responsibility and social welfare and social insurance to be the mainstream.The third part is the analysis of the status quo of the national rescue system for criminal victims in China.By investigating the exploration results of various pilot areas in China,this paper summarizes the current practice status and system status of the criminal victim assistance system in China,and points out the main problems of the criminal victim assistance system in China: the scope of the assistance object is not uniform,and the scope of the assistance system is not applicable,the form of rescue is single,and the standard of assistance is not uniform,and the rescue organization is not unified,and the rescue procedure is not standardized,and the rescue fund is not guaranteed.The fourth part is the comparison and reference of the national rescue system for criminal victims at home and abroad.Through the research on the rescue system of criminal victims in foreign countries,Hong Kong and Taiwan,the legislative characteristics and practical experience are analyzed,and the comparative analysis can provide a reference for the improvement of the criminal victim rescue system in China.Finally is the concrete idea of establishing a national rescue system for criminal victims.