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Domestic Violence Crime Victims Protection procedural rights

Author: ZhuangLiWei
Tutor: WeiYueNing
School: China University of Political Science
Course: Legal
Keywords: Domestic Violence Victims Rights Protection
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 169
Quote: 0
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Abstract

The family is a fundamental part of society, care for the young has been regarded as the traditional Chinese virtues, harmony among family members contribute to social harmony and stability. However, since there are human beings since been flooded with domestic violence history of the development of human civilization. Domestic violence, family members not only cause personal or property, mental injury, and some also develop into malignant \Since the 1970s, with the development of the world women's human rights movement, the international community began to realize the seriousness of the problem of domestic violence and danger, and gradually take measures to improve the relevant laws and policies so that the family of women, children, the elderly away from domestic violence damage. Today, domestic violence has become a global social issues of common concern. Since the 1990s, China's protection of women's rights from the start, and gradually perfect for family protection of vulnerable groups. However, due to the impact of traditional and complementary measures relevant existing legal system is imperfect, vulnerable country in the protection of the family, there are still many deficiencies. Therefore, this article from the perspective of the Criminal Procedure Law, the analysis of the crime of domestic violence on the basis of the status quo, drawing on the experience of foreign countries to protect victims of crime, victims of crime of domestic violence to explore the protection mechanism. This paper is divided into five parts. Chapter I Overview of domestic violence victims of crime. Since there is no uniform definition, starting with the relevant laws and regulations to start, leads to the understanding of the concept of domestic violence. Secondly, the analysis of the type of crime of domestic violence, which is zoned private prosecution and prosecution of cases ranges. Domestic violence, crime and violent crime generally the difference, that is, the characteristics of domestic violence crimes. Finally, an overview of domestic violence victims of crime definition, scope, as well as the relationship with the perpetrator, which illustrate the complexity of dealing with this issue. Chapter II of domestic violence protection of the rights of victims of crime litigation value analysis. This section is to outline the main significance of the weak protection of the family. Criminal proceedings only to punish criminals, but also to protect the human rights of the victim and the accused in order to achieve the balance of rights litigation, personal interests and the interests of society coordination. Therefore, this section describes three aspects: First, balancing the rights of the victim and the defendant litigation needs. Second, constraints, public security and judicial oversight activities needs. Three is to build a harmonious society. Chapter III Comparative Perspective foreign victims of domestic violence crime procedural rights protection measures. First introduced in the Conventions to protect victims of domestic violence crimes provisions. Then specifically enumerated USA, UK, Australia and other countries and Taiwan approach. Since these countries and regions particularly vulnerable to family protection measures are rare, and for general protection of victims of crime cases quite well. Therefore, from a general perspective, they are measures to protect the rights of victims we can learn from. Chapter IV of the protection of the rights of victims of domestic violence crimes the status quo. This section will focus on the rights of victims in the proceedings defects, is the full text of the center of gravity lies. Problems indictment: investigation stage, the public authority reluctant to get involved in domestic violence cases; prosecution phase, the victim's right to know, the right to express their views is restricted; trial stage, no right to compensation for moral damages, judgments have light punishment , misdemeanor tendency; implementation phase, state compensation, social assistance is missing. Private prosecution evidence exists in the program is difficult, secondary damage and other issues. Chapter V of this part of our country in the protection of the rights of victims defect litigation, foreign experience, put forward some specific rationalization of institutional design. Explore and improve the procedural rights of victims protection mechanisms for the protection of human rights, stability, social order is important, but also essential for building a harmonious society important measure.

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