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On the Problem of Criminal Victims’ Rights Protection in China

Author: WangDaoChun
Tutor: HuangJie
School: Hunan Normal University
Course: Legal Theory
Keywords: For Victims of Crime Protection of rights Basic principles Value targets Problems in
CLC: D925.2
Type: Master's thesis
Year: 2005
Downloads: 294
Quote: 4
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Abstract


Protection of human rights is a major concern of the world , but also to achieve the country's legal system , an important symbol of the democratization construction . For Victims of Crime is crime directly infringe one of the factors of the start of the criminal proceedings , criminal proceedings protect specific object . Victim cases , criminal proceedings throughout surrounding investigated the crime and protect the legitimate rights and interests of victims , how to protect the litigation rights of the victim , is one of the Code of Criminal Procedure to focus on solving the main problem . Today , in our country it is necessary to strengthen the protection of the rights of victims in criminal cases , it is the inevitable trend of the development of criminal proceedings , the objective requirements of the protection of human rights , but also the Criminal Justice course requirements . I believe that the study and evaluation of the protection of the rights of victims of criminal problems can not be vague , must establish the basic principles and values ??appropriate to the target , and only around the established basic principles and values ??of the goal of the protection of the rights of criminal victims have standard and significance. The one hand, to protect the legitimate rights of criminal victims , people look forward to is a different value target that value based on the status of different pursuit , it varies from person to person , can be divided into the value of the victim's looking forward to the value expectations of the general public as well as several of the legislative, judicial value expectations . The other hand , we must adhere to the basic principles of the protection of the comprehensive principle , the principle of balance , the principle of proportionality and the principle of legality . System of protection of the rights of the victims in our country there is a series of problems , mainly in understanding three aspects of the legislation, as well as law enforcement . Existing problems , we must improve our criminal victims' rights protection system : first need to update the litigation concept , and the second is to further improve the legal system for the protection of the rights of criminal victims , and finally the need to further standardize law enforcement and the implementation of the rights of criminal victims protection.

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