Research On Rights Protection Of Victims Of Economic Crimes Involving Mass Participation

For a long time the victims of crime in criminal proceedings has been in a state to beforgotten, however, economic crimes involving mass participation showed a high incidence ofcrime in recent years, the trend is to remind the public security organs and judiciaries that theymust look and fully protect legitimate rights and interests of victims, otherwise the forgottenvictims eventually will ignore criminal proceedings, seeking other ways to relief. Victims ofeconomic crimes involving mass participation has a different type of complex features fromcommon victims, and the large amount of victims always lead to social instability. The currentstatus of the legislative and judicial is difficult to effectively respond to this special group todeal with the case. In many cases, it’s difficult to solve all problem when the procedure isending, victims continue petitioning or taking other more intense way to seek relief, resultingin adverse social impact. Therefore, to maintain social stability it’s necessary to seek targetedsolutions to protect the interests of victims. This paper is based on the existed research ofvictim protection, combined with judicial practice, and then gives out preliminary proposalsfor improving the situation of rights protection of victims.The thesis is divided into three parts. The first part analyzes how the victims of economiccrimes involving mass participation are different from common victims, and illustrates thenecessity of special protection which is different from that for ordinary victim. Itsparticularity exhibits as follows: the characteristics of the crime itself, victims’ conformity andseeking avaricious profits make victims weak to withstand crimes; due to their own faultsome people become victims of crime; there is a conflict between victims having differentappeals and the public security organs and judiciaries with the idea of more punishment andless protection; the victims often use other ways such as petitions to maintain rights whentheir loss could not be retrieved.The second part focuses on what dilemmas the current work of protection for the rightsand interests of such special victims are facing. Currently the concept and standard for defining of victim has not been provided in legislation, therefore there are differentapproaches in judicial practice that whether the victims have identity in a legal sense. A largenumber of victims, the traditional concept of handling plus litigation costs and efficiency,these factors make public security organs and judiciaries negative on rights protection ofvictims. Property damage is difficult to remedy, stolen goods is difficult to recover, the victimcannot institute incidental civil action, in the situation that after the end means in litigationstill cannot compensate for the loss, the victim can relief no way. In addition, there’s a lack ofassistance system for victims who is in dire straits due to crimes, assistance in small areas isvulnerable to financial constraints and difficult to survive for long.The third part gives out countermeasures for the existing difficulties. Includingconfirmation of the specific meaning of the victim in the legislative process and theestablishment of the victim identified in order that the victim can got a pass for successfullyparticipating in the proceedings. Putting the rights protection into assessment system forpublic security organs and judiciaries may play the role of incentives and constraints.Referencing the system of representative in civil action could be an appropriate way toresolve the difficulty of numerous victims, to reduce the workload for the public securityorgans and judiciaries and to save litigation costs. For the relief of victims of property rights,in addition to making a great effort to recover loss, victims should be given the right ofbringing an incidental civil action. When the aforementioned ways could not relief well,especially in the presence of the government’s fault, it should carry out adequatecompensation to the victims as its responsibility for resolving conflicts. For the victims inpredicament, since the proceedings began relief shall promptly start to ensure that the victimscould live normally.