The Protection Of The Theory Criminal Victims Rights

At present our country criminal victims of approaches of being compensated for, civil suit collateral to criminal proceedings in the judicial practice, through this way get criminal victims compensation rate is very low. Compared with the provisions of the civil law and relevant judicial explanation of criminal law and judicial interpretation of the protection of the victim’s pale, with the nature of public law, criminal law of our country’s criminal legislation value orientation, etc. Reason is closely linked, but it has exposed the defects and problems. Cannot be obtained from the criminal defendant when criminal victims compensation, the legitimate rights and interests of the victim was greatly, increase the social unstable factors. To better protect the legitimate rights and interests of criminal victims, and legal system and the world community, China will also be necessary to set up a set of effective criminal the victim assistance system.Through detailed case reference and instructions, trying to lead to lack of criminal victims in China to protect this controversy, then an analysis of the legal dispute focus, finally from the two aspects of procedure and entity, such as taking the national legislation for criminal victims relief, unified the current punishment and the reduced, and other measures to establish a national compensation system idea of perfecting the victim’s rights. This paper is divided into three parts: the first part: from the case to introduce the present predicament and its cause analysis our country’s compensation for criminal victims. The second part: analysis the necessity of establishing criminal the victim assistance system. The third part: the article introduces the practice of our country put forward the specific conception of constructing criminal the victim assistance system.