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The Disquisition of the Litigant Right Safeguard of the Victim

Author: LiNa
Tutor: WangZhiXiang
School: Hebei University
Course: Procedural Law
Keywords: Victim Litigation status The right to appeal Restorative Justice Criminal Reconciliation
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 28
Quote: 0
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Abstract


After the end of World War II , has attracted the attention of more and more countries , the protection of the rights of the victims . Become an important part of the national criminal justice reform in recent years , expanding the litigation rights of the victims in the area of criminal proceedings . Many countries have established national compensation system . China on the issue of victims is in its infancy . 1996 revised Criminal Procedure Law clearly positioning the victim for the parties , and to give the victim extensive litigation rights . In the implementation process of the criminal proceedings , however , there has been a lot of problems , the litigation rights of the victim are not good . In addition , the country is currently no establishment of a national compensation system , strengthen the protection of the rights of victims in the proceedings it is very necessary . Firstly, from the concept of the victims to start to explore the characteristics of victims and range as a starting point , in order to better protect the right of action for the benefit of victims . Litigation status of the victims from the point of view of the history of the development of in-depth study to demonstrate the legitimacy of the victim status of the parties in the case of public prosecution . Summed up the world the provisions of the legislation on the right of action for the benefit of victims . With the development of the legal system , the international standards of the protection of the rights of victims litigation is gradually taking shape. By comparison with other countries as well as international standards , can be found in China in the case of public prosecution , there are still many problems in protection of the rights of the victims proceedings . Limited legislative provisions operability is not strong , the system is flawed judicial practice , making the victim right of action exercised everywhere . To improve the disadvantage of the victims in the case of public prosecution , we must change our concept of litigation to establish victim protection as the core concept of restorative justice ; expand the litigation rights of the victims . Such as the right to appeal , the right to criminal reconciliation , etc.; refine the law , the legal provisions to be operationalized .

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