Research On The Protection Of Victims' Rights In Criminal Enforcement Procedure

The criminal enforcement procedure during which penalties determined by the court is implemented and the victims'aspirations to the whole criminal procedure is fulfilled is of great significance for the protection of victims' rights. Our legal provisions seldom touched victims'rights during criminal enforcement procedure, and do not provide opportunities for the victims to participate in the criminal enforcement procedures. Though victims'rights are infringed often in the criminal enforcement procedure, no corresponding remedies can be used. This thesis mainly discusses why and how to protect victims'rights during the criminal enforcement procedure, and tessellates how to protect victims'rights in certain procedures. The thesis is comprised of four parts:The first part is about the lack of the protection of the victims'rights in criminal enforcement procedure. Different states'legal provisions and different scholars have different opinions about the concept of victim. Victims of criminal enforcement procedure include not only the direct victims, but also others on behalf of the rights of victims. For the convenience of discussion, "victim" in this thesis includes the direct victims and persons on behalf of the direct victims. The lack of protection of victims in criminal enforcement procedure manifests in the lack of legislation and the lack of actual implementation which created a series of adverse consequences.The second part is about the theoretical foundation of the protection of the victims'rights in the criminal enforcement procedure. The victims'party property determines that we must protect the victims'rights in criminal enforcement procedure. The interests of the country and social are not fully consistent with the interests of victims, therefore the victims have to enjoy the opportunity to protect themselves and possess kinds of rights. The protection of the victims'rights in criminal enforcement procedure is a requirement of equal protection of human rights. The victims ought to obtain equal protection of law and state as the criminals. The protection of the victims'rights in criminal enforcement procedure is a requirement of balancing the proceedings.In the third part, the system for the protection of victims'rights in the criminal enforcement procedure that ought to be is conceived. First, the rights that victims ought to owe include procedural participation right, the right to know, the right of file review, the right to entrust agents, the right to obtain assistance and the right to appeal. For the protection of victims'rights in the criminal enforcement procedure, we must:reform the administrative-oriented decision-making process and protect the rights of both victims and criminals; assign pre-relief and post relief reasonably; take full account of the efficiency; implement the idea of restorative justice; give full play to the supervisory role of procuratorate; draw on the idea of community corrections; and contact criminal enforcement and civil compensation.The forth part is about some thoughts on specific system of protection of victims'rights in the criminal enforcement procedure, mainly discussed the thoughts on system of protection of victims'rights in the procedure of commutation and parole, executing a sentence outside of jail temporarily, probation and control.