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On the Legal Status of Criminal Victim

Author: ZhangBing
Tutor: LiuZhongWei
School: Shandong University
Course: Legal
Keywords: victims criminal victims legal status sate
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 53
Quote: 0
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Abstract


Since it was appealed to ensure the human rights of criminals in the book Crime and Punishment by Italian jurist Becarie for the first time, people have paid close attention to the right guarantee problem of accusatus, whereas neglected the one of criminal victims for the long time. Recent years, the She Xianglin Case and the Zhao Zuohai Case aroused the concern of society. For a time, extended detention and the wrong judgment have become the focus of public attention; public security organs generally pay attention to measures of duration and a review of the evidence; therefore some social sensitive cases quickly became the focus of media attention, and in addition, the criminal suspects and the accused rights have been receiving the unprecedented attention and protection universally. While at the same time, people have neglected the vulnerable group--criminal victims.In short, the victim is the person whose legitimate interest is invaded by criminal behavior. In the criminal lawsuit, victims as litigants have the right to make their claim and to raise any objection to the unfair problem, and thus the legal status of the victims is particularly important in the lawsuit stage.Different people may have different study angles on the issue of victims’ legal status. The author has been engaged in the public prosecution since the year 2006, examined and sued in many criminal cases, through which the author came to understand intuitively the problems in the stages of investigation, examination, prosecution and trial. In this way, the author summarized the lawsuit status of the criminal victims by the cases in way of demonstration. The author will also explore the approaches to further perfection of criminal victims’lawsuit status by learning foreign experience.Firstly, the paper reviews the historical changes of criminal victims’lawsuit status from different social stages.Secondly, by studying the definition of criminal victims’lawsuit status in different countries, the paper researches the criminal victims’lawsuit status in other countries.In the third section, the paper analyzes the legitimate basis of criminal victims’ lawsuit status, the definition and characteristics of the criminal victims, the ranges of criminal victims in the criminal action, and the criminal victims’ lawsuit status as well.In the fourth section, the paper explores the criminal victims’ lawsuit status in our country by studying the criminal victims’ basic rights in the regulations.In the fifth section, the paper puts emphasis on the deficiency of criminal victims in the legal system and practice.In the last part, for the protection of procedural rights of victims, some suggestions are given on the laws and regulations, as well as the improvements for the law enforcement agencies in the process of law enforcement.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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