On The Protection Of Civil Rights Of Criminal Victims

The protection of the rights of criminal victims should be contained in the fair judicature, and it enables the justice to balance. However , from a global perspective, maintaining the accused' rights is continuously in the mainstream, and the accused is controlling the words status monopoly. On the contrary, the victim is neglected greatly for a long time. With the criminal victim's science starting in the middle of the 20^th century , and requests of criminal procedure protection of the victims upward, the victims'status is valued day by day. After Law of Criminal Procedure of our country in 1996 revised, it has entrusted the victims with the litigant's status, but still had many flaws on the protection of victims'right.The right of obtaining the damage compensation is important right of the victims. The right is safeguarded by the system of civil suit collateral to criminal proceedings. With the legislative guiding of " criminal suits excelling civil suits", the system of civil suit collateral to criminal proceedings has shown flaw and unreasonable, and conflicts with the modern judicature idea, and lacks the rationality in the judicial practice, so it is disadvantageous to the protection of the victims'rights. Therefore , this article only from the protection of legal rights of the victims analyses the flaw and the reason of the system of civil suit collateral to criminal proceeding and proposes the corresponding countermeasure.The first part is about the necessity of the protection of the victim civil right. First, fair occupies the core state in the criminal prosecution value .Because of the crime of the accused, the victim received the enormous harm in the body,economy and spirit. The injuries are worth the sympathy of the social public, need social morality and justice help. Second, it is the request of human rights safeguard. The victim and the accused in the criminal prosecution are oppositive, the bilateral lawsuit right safeguard constitute the basic content of human rights safeguard in the criminal prosecution, and neglecting any side is not suitable. Third, it is request of the social stability. Quality of protection of the criminal victim right can directly affect the social order. Through research on question of the crime victim, the role between the victim and the accused can be changed. After suffering injury , having not obtained the fair treatment, many criminals therefore moves towards the crime.The second part is about the situation and the flaw of the protection of the victim civil right. Through the criminal procedural law, the relevant legislation, judicial interpretation and judicial practice study, the author discovers our country the system of have more flaws. First, in the scope of accepting cases, not all criminal cases with the economic loss may be allowed to carry on the civil suit collateral to criminal proceedings; in the scope of compensation, it only compensates the material lose, removes the spirit damage, only accompanies direct loses, does not accompany the indirect losses. Second, the civil law and the criminal law is conflict. Their compensation scope and the compensation principle is inconsistent. Third, civil lawsuit is supplementary. Fourth, the merge trial is limited. Fifth, the simplification lawsuit is limited. Sixth, it lacks the essential remedial treatment.The third part analyses reason of protection flaw of present law system. First the idea dislocation is a root which the victim right question produces. The traditional criminal judicature in the essence crime persisted in "national being killed theory". Next, the principle of criminal suits excelling civil suits. It has profound influence to practices in the trial. Judges give the excessively attention to the criminal responsibility, neglect the civil responsibility. These decisions sacrifice the fair value of the civil action and neglect to the protection of the victim civil right. Finally, the system of civil suit collateral to criminal proceedings neglects differences of two kind of lawsuits, neglects its civil action essence.In the fourth part, the author proposed measures. First, the author introduces system of damage compensation overseas. The system of civil suit collateral to criminal proceedings is not essential constituent, totally using the system to solute criminal compensation is certainly inappropriate; the countries of setting up the system have stipulated the detailed condition and the exception in order to give dual attention to the civil action, so we should abolish the system of civil suit collateral to criminal proceedings in our country and use the independent civil action pattern. Then the author elaborates merit of the independent civil action pattern. The biggest merit is that the victim have the right of procedure domination; it adopts the more loose proof standard in compare of the criminal prosecution, so the victim win easily; the victim may obtain more compensation; It overcomes to replace punishes with fine; then the author elaborates the question to which the independent civil action pattern should pay attention. Finally, set up a national compensation system. Now, setting up national compensation system has become the world currency. The country rectifies the destroyed justice through giving the victim suitable compensation, returns the victim unbalanced psychology, makes them restore equality economic and the social position with other members of different. We make the victim trust judicature, and realize the balance of the human rights.