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Reflection of criminal victims' rights

Author: LuSen
Tutor: WuHongYao
School: China University of Political Science
Course: Procedural Law
Keywords: The rights of victims Reflection Theoretical basis Classification to protect
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 148
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Abstract

The rights of victims to criminal procedure, the focus of one of the issues. With the rise of restorative justice and criminal reconciliation, the rights of victims has been unprecedented attention. Other commentators, for the rights of victims to hold a relatively reserved attitude. The victims of the concept of broad and narrow sense. Generalized victims of harm, loss or hardship due to natural disasters, criminal acts, accidents, administrative improper as well as judicial injustice and other various reasons. Victims narrowly to refer only to victims of criminal offenses, that is directly affected by the physical and mental injury or property damage due to criminal acts and natural persons. The paper is divided into six parts hot victims are now discussing the issues of discussion and reflection: In the first part illustrates the related concept of the victim, noting that the criminal victim for the crime occurred is not entirely \sympathy to victims should not be built on top of the illusion of a fixed. Discusses the historical development of the right of the victim, after the victim in the criminal justice system, according to U.S. victims scholar Schafer (Stephen Schafer), divided into three periods, were the golden age of the victim, the recession and the Renaissance. The renaissance of the victims' rights, policies and measures to protect the rights of crime victims is divided into three stages: the first stage is to establish a national compensation for the victim to be financial assistance system; the second phase is to strengthen the community for victims of crime a wide range of indirect and direct assistance; the third stage, some countries began to develop or modify laws to strengthen the rights of the victims in the criminal justice process, however controversial it is at this stage. This section also discusses the rights of the victims in the West, the rise of a deep historical and social reasons, including: the reflection of the history of large-scale killing of the feminist movement and the civil rights movement; the growing fear of the possibility of the crime occurred; to promote and victims' rights have long been neglected fact. The second part discusses the constitutional basis of the rights of the victims, to assist the cooperation theory from the social contract theory, the common will of the theory, the three angles for the constitutional rights of victims questioned. The third part discusses the theoretical basis of the rights of the victims, mainly on the dignity of the theory of the rights of victims, to avoid re-injury theory, therapy theory and corrective justice theory of the four most common theory put forward a different view. Wishes and aspirations of the fourth part of the detailed analysis of the participation of victims in criminal proceedings. Willingness of victims to participate in criminal proceedings is the type of degree of harm by the victim, victim to their own circumstances and the cost-benefit analysis procedures for the participation decision; summarize the demands of victims in criminal proceedings in terms of three aspects: the offender at least victims that should be punished; receive financial compensation as to make up for losses caused as a result of criminal acts; be reasonably treated in the program. The first two victims of physical demands, the third the demands of a procedural nature. In the fifth part, according to the relationship with the criminal proceedings, the rights of victims into the litigation rights and litigation rights, including the victim's right of action can be further divided into four categories: The first category is the right to know, can be understood as the victims have the right to \The fourth category is the protection of sexual rights, protection rights are set in order to protect the realization of the right of the first three. The first category, second category is the procedural rights of the third class belong to the substantive rights. The fourth category of rights is the protection of rights is set for the smooth realization of the rights of the first three services. On this basis, the view of the layered protection of the rights of victims to be presented in Part VI of this paper: First of all, the victims' rights should give priority to the development of victim's right to litigation; followed for procedural litigation rights of the victims should have the choice to strengthen ; again, for the victim's substantive right of action should be cautiously treated; Finally, the protection of victims right of action should effectively improve the implementation.

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