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Problems of protection of the rights of the victims

Author: WangJunZuo
Tutor: WangMinYuan
School: Graduate School of the Chinese Academy of Social Sciences
Course: Legal
Keywords: Victim The right to appeal Litigation status Protection of rights Prosecution and defense balance
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 96
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Abstract


Victims are more and more concerned about today, many countries, the protection of the rights of the victims was a lot of exploring. Explore the path method with the protection of the rights of the same, there are different requirements for the victim of the right to appeal. Countries pursue the adversary, the victim is treated as a witness, of course, does not enjoy the right to appeal, but their efforts to the protection of victims is very powerful, the victim did not lose because they do not enjoy the right to appeal, relief channels. Power of pursuing civil law countries, most of them do not give victims the right to appeal. Seen in this light, the victim does not enjoy the right of appeal is the world's common practice. The lack of a right of appeal in the victim does not mean that for victims not given adequate attention and protection. Of course, there are countries, such as Russia and Portugal provides for the right of appeal of the victims. We need to look at the countries in victim mode the difference between the right to appeal and the reasons for these differences. Meanwhile, based on the analysis of our existing victims apply Protest System, combined with the current litigation system and the legal system of soil, its perfect. Finally, I will be the development and improvement of the protection of victims' rights in China outlook. The paper is divided into five chapters. Chapter appellate procedure for our victims start of the legislative status quo. The part of the application of Article 182 of the Code of Criminal Procedure victims protest system problem analysis. The second chapter is the status and rights of victims in criminal proceedings. This part is mainly from the status of the proceedings and the right of action to protect the basic overview of two aspects of the victim in criminal proceedings. Victim litigation status in litigation status, combined with the historical evolution and the type of victim litigation status, analysis and reflection on the current situation of the victim lawsuits status in China. In litigation rights, the rights of victims classification statement as a reference to the defendant, the litigation rights of victims enjoy the analysis. Chapter for the victims the right to appeal the theoretical analysis. Three angles of the part from the nature, functions, and the negative effects of the victim the right to appeal the theory analysis. Function, mainly from the realization of the victims of the victims full interest demands discontent digestion both elaborate. Negative effect is exacerbated by the prosecution and the defense forces are not balanced, and caused interests against not change the principle of virtual set. In addition, the part of the victims on the relationship between the right to appeal and litigation efficiency, and discuss whether it should be given the right to appeal the substance of the debate on the victims. Chapter Comparative Law on the protection of victims the right to appeal the status and rights of the victims. Visits, discusses three of the part of the right to appeal the status of the victim extraterritorial legislation on victims the right to appeal cases and analyzed factors affecting victims the right to appeal Status, draw several conclusions victim on the relationship between the protection of the right to appeal the status and rights of the victims . The fifth chapter is the outlook for the development and improvement of the protection of the rights of victims. That part of the protection of the rights of the victims at this stage should be to emphasize the protection of the rights of non-litigation mainly on the protection of the rights of victims to participate in and influence the proceedings, the expense should not be at the expense of the interests of the prosecution of persons; in the prosecution of persons on the basis of the right to be fully protected, multiple protection of the rights of the victims.

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