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Criminal Victims Right To Participate In Security Research

Posted on:2017-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2296330485974045Subject:Law - litigation law
Abstract/Summary:PDF Full Text Request
Protection of Human Rights reflect the degree of civilization of a country. In protecting the rights of victims, the general practice countries tend to protect the overall interests of the public, at the expense of the rights of victims protection. Litigation rights protection system a top priority that is given to the victim’s right to participate in criminal proceedings. Although the dominant position of the victim in recent years there has been improvement, but to truly effective security must be subject to the implementation of judicial practice. This paper focuses on the right to participate in criminal proceedings Victims Center, standing criminal procedural law, criminology, victimology and other multi-disciplinary combination of angles,the use of comparative analysis, literature research methods, focusing on two perspectives and program entity, participated in the proceedings for victims the right combination of conditions to carry out a comprehensive study. On the one hand, to prevent criminal victims are marginalized, to highlight its participation in litigation proceedings and enhance its status; on the other hand, is for the digestion of discontent in Criminal meet their traditional right to demand punishment and claims, and ultimately the principle of participation in the program the legal basis on the balance between public and personal interests, the interests of victims and the interests of the accused, so that more victims more fully involved, to better safeguard their legitimate rights and interests. Although the idea is not very mature, but hope to some extent be able to improve the situation of victims participating in the proceedings to make modest.In this paper,besides start and ending,I will segment the article into four chapters.The first chapter outlines the right to participate in criminal proceedings the victim. Clear connotation of this study in detail the object, then the principle of "the status of the power to decide," the sort of change the status of victims in criminal proceedings, the elucidation of the significance safeguard the procedural rights of participation. Finally, the use of comparative analysis of the right to participate in proceedings related to victims of extraterritorial legislation and judicial practice to conduct investigations.The second chapter focuses on the protection of the right to participate in criminal proceedings Victims ineffective status quo, Causes and Impacts. First, an overview of the status quo throughout the criminal proceedings in the participation of victims in the proceedings, then controversial sentencing, execution of the program, for example, or morespecifically discussed the participation of victims in two stages reasons for poor security of tenure status and its influence. Finally we found the legislation in judicial practice originally intended have not been fully realized.The third chapter more in-depth analysis of Criminal Victims participation rights ineffective security reasons. In Situation Analysis party status and litigation structure contradiction, Victim participation rights associated with the convergence of systems contradictory, to submit a comprehensive study investigated handle criminal victims and other subjects, and the right of appeal, the relationship between criminal reconciliation and other related systems, in order to victim lawsuit right of participation required litigious environment in future.Chapter IV foothold into the problem of Criminal Victims Participation Mechanism and the idea came up, sort out the victims participated in the proceedings of the scope of rights and the right to stage the proceedings applicable, the corresponding measures for protection of the rights and remedies as well as ways to abuse the right to participate punishment mechanism, the Construction and Perfection of the mechanism involved in the proceedings victims.
Keywords/Search Tags:Criminal Victims, Rights in criminal proceedings, Right to participate, Security
PDF Full Text Request
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