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Research On The Protection Of Criminal Victims' Rights And Interests

Posted on:2016-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:H HuangFull Text:PDF
GTID:2206330482466635Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal victims as a special vulnerable groups, in the backdrop of the respect and safeguard human rights, should have more protection from judicial practice, however, to protect the rights of the victim and the defendant has been in an unequal situation, the protection of the victim is far less than the defendant.2012 of the new "criminal procedural law" to further strengthen the protection of the defendant, but on the protection of the rights and interests of the victim’s no fundamental change. Due to the research on the victim protection in China started late, many system is not mature, coupled with a high incidence of criminal cases in recent years, the legitimate rights and interests of the victim can not get effective protection issues become more prominent. Combining with the judicial practice in the victim’s right protection problems, and put forward some advice to solve these problems.This paper in the introduction part of the paper are introduced the purpose and significance of topics, at home and abroad and the current status of the protection of the rights and interests of the victim made a simple analysis. The first part of this paper the concept of the victim, and analyzes their characteristics of the victim; The second part of Anglo-American law system and continental law system respectively in the protection of rights and interests of the victim of some rules, in order to contrast in giving the status of the victim in lawsuit in our country at the same time but the lack of its litigation rights granted; The third part the author through to the victim in the investigation, prosecution, trial and execution power is missing, in order to explain the victim rights protection in China and not really implemented, even hurt by countries from the system level second; The fourth part, the author proposed to initiate an investigation to examine Sue, as well as trial and enforcement, and judicial relief, from system design to strengthen the protection of the victim, and the third part puts forward corresponding to each other, just in different stages of the litigation problems put forward the corresponding solutions. Epilogue part illustrates the full text of the point of view, the protection of criminal victims rights work is a long way to go, is not going to accomplish, also need the government, the judicial organs and the whole society’s common efforts.
Keywords/Search Tags:criminal victims, the rights and interests protection, secondary damage, national compensation
PDF Full Text Request
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