Study On The Victim Right Protection System Of International Criminal Law

With the arising attention of international community on victims’ rights protection system, many countries choose to guarantee the status of the parties and provide them with corresponding litigation rights so as to protect the criminal victims rights. The Second World War began, the War Crimes and Crimes Against Humanity were gradually spread, International Criminal Law has been well adapted to the needs of the international community for the protection of victims’ rights in the aspect of punishing crimes. However, from the overall provisions in International Criminal Law,they incline to the defendants, even though the victim are as well as another party, that will cause injustices between different parties and make some cases unscientific.In this paper, through analyzing the victims rights protection system in International Criminal Law, interpreting the procedural rules which are related with the "Rome Statute", and contrasting different legislation in protecting the victims rights in Western countries, we can draw some lessons. Meanwhile, according to the circumstances of inadequate victims rights protection existing in the International Criminal Court, we should propose some practical and realistic recommendations and improve Chinese provisions in criminal victims protection based on our national conditions. The paper mainly includes three parts: the first part contains the basic theory of victims rights protection, including the discussion of how to define the victim, the development of International Criminal Law, the latest theoretical achievements and typical provisions in protecting the victims rights; In the second part, the author focus on the analysis of the substantive and procedural provisions and elaborate the protection of victims rights, and thus to get better conclusion for the national criminal law while lay corrected basis for the victims rights protection. In the third part, through the interpretation of "Rome Statute", the author aims to identify the defects in International Criminal Law and its victims rights regulations. By analyzing the existing victims rights protection system and its defects in the InternationalCriminal Law, the author expect to present some useful suggestions to improve this system from different perspectives, and through the analysis of domestic criminal procedure law in protecting the victims rights, to put forward more suggestions in this aspect.