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Criminal Victim Protection System

Posted on:2012-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:W JiaFull Text:PDF
GTID:2206330332493437Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Criminal proceedings, procedural rights of both parties, equal and effective protection not only in line with our principles of law regarding the basic provisions of criminal proceedings, but also that the punishment of crime, protection of human rights an important way to achieve a dual purpose. In the course of the proceedings, as the opposing sides of the victim and the accused,often reflect a more general course of the proceeding even more intense conflict. Based on moral background, the public tend to prioritize the interests of victims compensation, would like to see the harsh sentencing of the defendant. However, maintenance of law as the ultimate social order maintenance, and moral factors will inevitably undermine the excessive infiltration of "equality before the law, "the basic requirements; the other hand, if too much emphasis on the procedural law of positivism, they often can not make victims party The spirit of an effective complement, but can not reflect the criminal penalties for crimes would be punished by the social significance. Based on this, the Criminal Procedure Law of the respective rights and obligations of both parties have carried out detailed provisions. At the same time, how to achieve protection of victims and the accused has been a balance between the interests of judicial practice and legislation of an important issue.At present, the rest of the world's attention on the criminal procedure legislation highlights the "victim"of the general trend, and our legislative practice, is also gradually on the basis of the original emphasis on the protection of the rights of victims, but as the main criminal proceedings a party to the relatively weak To protect the rights of victims of the relevant provisions of the still flawed. Therefore, in building a socialist rule of law requirements of the times, only to ensure that the victim in the criminal justice and reasonable position, seeking an effective way to achieve the rights of victims, protection of the rights of victims and the construction of relief mechanism, to achieve the ultimate goal of protection of the victims justice. Therefore, how in the future in legislative practice, the attention to draw on the useful experience of other countries, with China's domestic resources and constantly explore the objective law of development of the criminal Su Song, highlighting the protection of the rights of victims of the just, reasonable, should become a common judiciary and the entire society Emphasis on the subject.
Keywords/Search Tags:Victim, Right, Protection
PDF Full Text Request
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