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Protection of Victims in Criminal Procedure

Author: SunLiang
Tutor: ZhaoBaoCheng
School: China University of Political Science
Course: Criminal Law
Keywords: Victim Interests Protection
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 128
Quote: 0
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Abstract


As the current victim is a vulnerable group of society, protection of human rights and justice in the idea has gained recognition today, victims deserve more attention the study of Criminal Procedure, which changes the current situation that over-emphasis on the rights and interests of the accused and negligence of the victims’rights to achieve a balance between the two security interests. The main content is based on practical experience, points out some of the proposed course of criminal proceedings rights protection to victims of some problems, and gives some opinions on how to resolve these issues expressed their views. There are four chapters except the introduction and conclusion:Introduction: This paper describes some of the major practical and theoretical significances and makes a preliminary analysis the origin of this topic and the current status of international research on the victim. The first chapter introduces the concept of victims in criminal proceedings, and analyzes characteristics of victims in criminal proceedings physically and procedurally; the second chapter reviews the civil law in respect of the terms of the current model and the common law doctrine of Adversary model and the crime control model, a preliminary model of due process of reflection, these models are obtained by the defendant as the center of the criminal justice model, there is neglect of rights protection of victims of the conclusions; then proposed to build to the victim, the defendant The interests of both the criminal justice model in two ways: one is in the traditional criminal justice within the framework of protection of the rights of victims, and the second is created outside the formal criminal justice, or to start some informal or non-conventional mode of criminal justice ; third chapter, the author briefly discusses the current status of victim rights protection, and discusses in detail the current Victims Protection problems; IV, detection, prosecution, trial, execution sequence of four stages, and Chapter Echo the issues raised to the interests of protection of the victims stage of the proceedings proposed solutions. This conclusion emphasizes the fundamental point: protection of rights of victims are basically provides a more comprehensive, but due to technological level of legislation or practice in a variety of human error, making the victim of some of the basic security interests will not be ; protection of the victims, the accused, the state is to protect the balance of interests between the interests of the basic principles of the victims.

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