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The Study of Some Issues about Crime Victim’s Litigation Rights
Author: LiuXiFa
Tutor: BaoZuo
School: Hebei University
Course: Procedural Law
Keywords: Victim Right Litigation rights Perfect
CLC: D925.2
Type: Master's thesis
Year: 2006
Downloads: 22
Quote: 0
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Abstract
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Direct victims of criminal victims (hereinafter referred to as the victim) as a crime, whether in the distant ancient or in the social the increasingly flourishing of modern, are faced with the problem of how to restore their rights. Gradually from being forgotten to get attention, as well as pay attention to the problem has increasingly become a topic you're interested in how to maintain the rights of the victims. Plays an irreplaceable role in the litigation rights for victims to use legal means to safeguard their legitimate rights and interests, so study the litigation rights of the victims of the victims finally able to safeguard their own interests in the entity, which has important significance for the realization of social justice. The victim right of action refers victims to exert influence in order to safeguard the legitimate rights and interests of their procedural rights to participate in the criminal process and the outcome of the proceedings. Author in this context, first of all the victims right of action interpretation of a Taken together, pointed out that the most important feature is not integrity; Later analysis of its relationship with the litigation rights of the offender, that has a certain degree of confrontation between and inequality, and a preliminary analysis of the reasons for this situation. And investigating powers, I think they have consistency, but have a tendency to infringe the rights of the victims of the investigation right. About and indictable right relationship, I believe that on the one hand an indictable rights necessary to intervene in criminal proceedings, but on the other hand, the prosecution right inhibition; litigation rights of victims and the litigation rights of the victim is not a substitute for the right of prosecution, public prosecution the right to non-victim authorized to produce, can not be canceled, a victim will most crucial is the right of prosecution on behalf of the interests of the state and society can not be completely representative of the interests of victims. And jurisdiction that the jurisdiction of the victims ultimate authority defenders, but some negative factors such as corruption in the judiciary, prosecution right negative as well as the quality of judges, etc. may affect its role to play, but I believe that the victims should be rational rights law right of action to safeguard the legitimate rights and interests of their own entity. Finally article should be to improve and strengthen the protection of the litigation rights of victims in China, because the provisions of the current law on this issue although great progress, but there is still a great defect; author proposed the perfect victim right of action to follow principles include, but are not limited to the balance between attention to rights with reference to overseas, based on national conditions at the same time, pay attention to the three principles of operability, and has done a preliminary idea. The paper presents the characteristics of the victim litigation rights is its incompleteness view; think there is no agent or representative of the relationship between the prosecutor and the victim; initially proposed to improve the litigation rights of victims should follow the balance between attention to the rights of reference to foreign three principles, based on national conditions at the same time, pay attention to the operability
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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