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Research on the Protection of Victims’ Procedural Right in Our Country

Author: LiuChenGuang
Tutor: ChenYuZhong
School: Hebei University
Course: Procedural Law
Keywords: For Victims of Crime Litigation rights Safeguard Mechanism
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 44
Quote: 2
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Abstract


In recent years, with the increasing awareness of the protection of human rights, China's criminal justice system is increasingly improved and the protection of the rights of criminal suspects and defendants still in its infancy, and the protection of the rights of criminal victims and research. In response to this situation, this article is intended to study the Criminal Victim litigation rights protection mechanisms to be more in-depth discussion. The article is divided into five parts. Introduction to some of the major series of problems exist for the protection of right of action for the benefit of victims proposed to strengthen the Criminal Victim Protection necessity, importance and practical significance. The first part of the definition of the basic concepts of criminal victims that this article said criminal victims to their own personal rights, democratic rights, property rights and other legitimate rights of victims of criminal acts directly against the accusation function in the criminal proceedings, including indictable The victim in a case, the private prosecutor of the case of private prosecution, incidental civil action the plaintiff, counterclaim counterclaim the case of four parts, the next interpretation of its basic characteristics, and litigation status. The second part details and analysis of the different legal systems in Germany, France, Britain, the United States, Japan and other countries on the protection of the rights of victims Criminal law and practice, and further illustrate the international standards of protection of the rights of criminal victims litigation, which build and improve our system of protection of the rights of the victim Criminal has a positive reference and inspiration. The third part deeper analysis of the status of the protection of the rights of victims in criminal proceedings, both affirmed the achievements made in the process of victim protection of the rights of criminal proceedings, also pointed out the existing problems in the theory and practice. On this basis, the last part of the proposed measures to improve our victim Criminal rights protection mechanisms, at the same time improve the existing victims statutory right of appeal is also necessary to establish a sound victims of criminal reconciliation system, the legal aid system, a series of basic system to to ensure that the the Criminal Victims litigation interests can truly implement. The papers from the combination of the angle of the Code of Criminal Procedure and crime victims learn the integrated use of historical and empirical analysis of a variety of research methods and compare the content covered by the indictment, the private prosecutor, incidental civil action and criminal proceedings than the system proposed of Criminal litigation rights of victims in the protection of the full range of measures.

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