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Theory of the Criminal Procedure Law Amendment of the Victim Rights Protection

Author: XiaZhaoZuo
Tutor: LiuBenYan
School: Nanchang University
Course: Legal
Keywords: Criminal procedure law amendment The victim Right protect
CLC: D925.2
Type: Master's thesis
Year: 2013
Downloads: 17
Quote: 0
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Criminal victim is one of the important parties in criminal cases, they are often in a weak position, such as personal and property rights itself is hurt, how to safeguard their legal rights in the criminal proceedings in order to avoid further damage, become important research problem of criminal victims discipline. With the implementation of the new criminal procedure law amendment,"respect and safeguard human rights" was specifically written law, it is a reform of criminal justice is very important, also is the sublimation of human rights development. In the world of "protect the rights of criminal victims are in full swing, China’s criminal victim right protection also has gained more attention, in the theoretical research and legislative practice and judicial practice have achieved certain results. In the aspect of legislation, the new criminal procedure law amendment to consolidate the status of criminal victims in the lawsuit, improved the many related rights of the victim, but we carefully analyze, or can be found in the protection of the victim rights in criminal procedure law also has many loopholes, such as in the criminal incidental civil system remains to be perfect; Criminal victim’s right of state aid and is hard to get legal aid for; Right to know lacks; There is no criminal litigation; Criminal litigation rights protected, and so on, the existence of these problems may be infringing the legal rights of criminal victims, again need to be corrected and resolution.Based on the rights of criminal victims in the criminal procedure law amendment for the Angle of view, first of all, in the form of case leads to this topic, and elaborates the concept and status of criminal victim. The second part is the victim in the criminal litigation rights issues in the research both at home and abroad, and focuses on criminal procedure law in our country in the history of the criminal victim right protection. The third part focuses on exploring the victim protection in the defects existing in the criminal procedure law, mainly from two aspects of real rights and procedural rights carefully analyzed. Fourth part immediately following the third part puts forward the problem, in view of the problems puts forward some countermeasures for constructing the criminal victim criminal security system. Article the methods of comparative study, empirical research, the purpose is to hope that our country’s criminal procedure law can better safeguard the legal right of criminal victim, the general practice of "respect and safeguard human rights", promote the rule of law construction of our country.

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