Study On The Protection Mechanism Of The Rights Of Criminal Victims

Criminal Procedure Law(CPL) is human rights protection law in essence. Respect and protection of human rights in the world today are generally advocated, but also one of the ultimate goals of social development. In the trend of awakening of consciousness of civil rights gradually, whether it is based on passive pressure or active reform, human rights protection efforts of criminal suspects and defendants have been strengthened, but with stark contrast, the protection of victims’ rights has not been given sufficient attention and concern. Development and modification of criminal victims protection system provides an opportunity for the modification and improvement of criminal law and CPL. We are pleased to see that after two struggling amendment, through the improvement of legal rules,CPL makes the legal status of criminal victim as litigant clear, gives and enriches the procedural rights of victims. However, whether it is from the perspective of comparative law, or from China’s judicial practice, the work of protecting rights of victims is still not satisfactory, there are loopholes in the law, and process execution can not be guaranteed.Because of this, the author has a keen interest on the system of protection of victims’ rights and been studying and thinking on the history, background, evolution and current situation of the system during the study for master degree. Combined with years of rich judicial practice, the vision of perfection of criminal victim security system has been presented, and ultimately the formation of this thesis, we hope it is beneficial for improving the protection system on victims’ rights in China.This paper is divided into five chapters.The first chapter describes the basic concepts of criminal victims, legal features, content of rights, and puts forward the significance and value of protecting victims’ rights. The second chapter analyzes the current situation and sums up the issues of protecting victims’rights. The third chapter analyzes the reasons of the poor protecting victims’ rights in terms of imperfect legislation, level of economic development, and the laggard concept of litigation and so on. Chapter IV describes useful experience and practice in the protection of victims’ rights in the extraterritorial countries and regions. Chapter V puts forward his own opinion on establishing and improving protection mechanism of crime victims’ rights through analyzing problems and learning from extraterritorial countries’ practices.