Study On Rights Relief Of Criminal Victim In China

Two interest needs are produced after the victim is infringed by the criminal - punishing criminal and claiming compensation. Therefore the victim acquires two important rights substantially -right of punishment and right of economic compensation. This paper tries to discuss on how to deal with the right relief systematically from the perspective of right relief and focus on the realization of the right of punishment and the right of economic compensation. This article is composed of four parts.In the first part the paper makes definition of right relief of criminal victim. It first defines key words of "criminal victim" and "right relief. Then the paper proposes that right relief is various activities committed by government and person for relieving the violated rights of the victim. Furthermore the content of right relief is limited on two powers-punishment punishing the offenders and achieving economic claims from the perspective.In the second part it introduces the development of right relief of victim. It first makes a review of the development of victims from the perspectives of history and foreign countries. Then by comparisons the writer determine the common point of right relief of victim in both home and abroad - realization of right of punishment and economic compensation. The right relief experienced three stages:encouraging "personal revenge and private punishment", emphasizing "supreme state power and government punishment" and "focusing on protecting personal interests and compensating to the victim." punishing the offenders is gradually transforming into the rights of lawsuit extensively and specifically. For the increased emphasis of protection of economic claim the channels of economic compensation vary and come into being some systems such as compensation for criminal damage, nation compensation and social assistance.Part Three makes analysis on the status quo of right relief of criminal victim in China from three aspects as follows:theoretical research, legislation and judicial practice. Chinese scholars have been making some comprehensive and systematic research on the issue from various perspectives and some accomplishments. Secondly the criminal prosecution laws and criminal laws have supplied legal foundation for right relief of the criminal victim. The victim is bestowed comprehensive prosecution rights to take part in public prosecution, private prosecution and civil suit collateral to criminal proceeding and realize the rights of punishment and economic compensation. As for the judicial practice the right relief of victim is less than satisfactory and the intention of the legislation is not achieved. There also exist some issues in the realization of the victims'rights. Besides in judicial practice some positive efforts have been tried on the victim's economic compensation such as criminal compromise, nation compensation and social assistance.which provide some practical experience for the solution of right relief.Part Four introduces some suggestion and assumption for the improvement of right relief. As for the content of the right of punishment and economic compensation, the paper proposes a general thinking and practical measures for right relief. For the existing problems in the right relief of criminal victim in China the writer puts forward some systematic and efficient relief thinking for victim with the introduction of foreign legislations and practice. For realization of two substantial rights the paper proposes some practical solution for the right relief of victim:to realize the right of punishment by improving the suiting rights for criminal victim in the public and private prosecution, to construct protection system of economic rights for criminal victim the economical claims could be carried out.