Victim Protection Research

The occurrence of criminal acts is the most serious infringement for victims.Therefore,in the criminal trial process,it is necessary to advocate the protection of the defendant 's legitimate rights,strictly abide by the legal principles of crime and punishment,and at the same time pay attention to the criminal protection of the victim and pay attention to the criminal law retribution.The realization of doctrine has balanced the interests of the accused and the victim.Victim protection is basically to allow the victim and his family to psychologically recognize the fairness of the judgment,and at the same time be able to obtain appropriate compensation economically,so that the victim does not fall into poverty because of the aggression.This article studies the victim's criminal protection from the perspective of the substantive law participation,procedural participation,and post-redress of the victim in the criminal case.In criminal law theory,the victim is marginalized,only considered as a requirement for the establishment of the suspect's crime.Although the doctrine of the victim has reflected on this issue,it has finally settled on the protectability of the offender and has evolved to pass the victim.Faults and other violations of the law cause the suspect to be guilty,which is not helpful for the protection of the victim.The signal of lightening of sentencing in the sentencing link is transmitted to the grassroots courts,which may easily lead to excessive mitigating tendency of sentencing which is not in line with the public's expectation of the punishment,which makes the victim unwilling to accept it psychologically.In terms of procedural law,criminal incidental civil proceedings only appear in cases of intentional homicide or intentional injury.In addition,compensation for mental damage has not yet been recognized,and compensation is limited;the victim ' s understanding is a useful supplement to resolve this contradiction,but there are still sky-high asking prices.The issue of reconciliation or the confession of the suspect after his promise.At the level of social law,China has a judicial assistance system for criminal victims.Through this name,we can see that the concept behind this system can go further.At the same time,the system has certain certain methods of activation,objects of assistance,sources of funds,and methods of assistance.Deficiencies.This article adopts literature research,case analysis and online interviews,through literature research on the protection of victims in criminal law theory,caseanalysis on the sentence and punishment of intentional homicide,and on the court 's and prosecutor 's staff regarding victim understanding and criminal Conduct online interviews with the victim's judicial assistance system.By studying the current status of victim protection in China,we put forward suggestions: attach importance to restorative justice concepts,improve the victim understanding system to combine victim protection and sentence mitigation,learn from the victim hearing system on parole probation abroad,and improve the victim rescue system.