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Criminal victims' rights in a number of issues

Author: YaoMeiZuo
Tutor: XieYouPing
School: Fudan University
Course: Procedural Law
Keywords: criminal victims right protection human rights theory of the universality national compensation
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 248
Quote: 2
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Abstract


With the development of the world’s human rights movement and the movement to protect victims, victims in all countries get more and more attention. Complied with the international trend, Criminal Procedure Law of China put victims to the status of the parties, and gives them more corresponding rights, but major deficiencies still exist.In this paper, I will study the protection of the rights of criminal victims in four aspects, namely significance, comparative law studies, and institutional defects of our system and the design proposals.The first part is the significance of the study. The first is prevue, including the concept of criminal victims, characteristics, classification, and the criminal history evolution of the victims status. The second is to examine the significance. The first angle is to compare the development of Western human rights theory with Marxist theory of human rights, and to create "the universality of human rights theory". The theory is a common basic of the international protection of the victims. The protection of the victim is the part of the theory of human rights. It is also an important supplement to our theory of human rights. The second perspective is the purpose and value of criminal proceedings. The purpose requires that we should strengthen the protection of criminal victims. The fair value of criminal proceedings, effective value, the value of the order also requires it.The second part is comparative law study. Analysis focused on France, Japan, Russia, the United Kingdom and the United States. The French system of civil plaintiffs, Japan’s quasi-prosecution system, the law cited form of the Russian-style protection, the system of compensation for the United Kingdom, the legal aid system of the United States are the important thesis.The third part is about institutional defects of our system and the design proposals. We amended Criminal Procedure Law in 1996. We put victims to the status of the parties, and give them more corresponding rights, but many deficiencies still exist, such as "party" status lack of corresponding protection, the small scope of the request for compensation, legal aid is incomplete.The fourth part is about the suggestions for our country. We should strengthen the status of victims, improve the range of procedural rights, improve the compensation system, set up the national compensation system and legal aid system, provide psychological counseling services and make other new attempt.

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