Research On The Rescue Mechanism Of Victims Of Criminal Crimes In China

According to the historical evolution of the "victim", the state's punishment for criminal crimes is increasing, and the protection of "the victim" is getting higher and higher. But from the victim's point of view, modern society has a tendency to decline. In the early days of the primitive society and the slave society, the victim was able to impose penalties on the perpetrators of their own, similar to revenge, and the victim was able to punish the person who had committed himself. At the end of the slave society and the feudal society, the main prosecutor of the crime was the victim. After the end of the feudal society, the state had just begun to monopolize the punishment power of the criminal act. With the social evolution and development, the crime was punished and punished. The state has the right to commit the crime, the victim can not be punished by way of revenge, seems to be forgotten.The protection and response of the rights and interests of criminal victims are universally addressed by multinational government agencies and scholars. For the first time, it is clear that the word "victim" is the Israeli jurist and lawyer Benjamin Mendelsohn (Benjamin Mendelssohn). In 1948 the famous scholar Hans von. Henglie in the book for the first time described the concept of the victim. In 1954, Henry Alanberg from the psychological point of view, for the relationship between the perpetrators and victims were studied. In 1965, Benjamin Mendelssohn gave a comprehensive account of the main content of the victim, and from the biological, psychological and social disciplines and other areas, a comprehensive analysis of this. Academics on the victims of scientific research more and more widely. How is the victim's rights protected? Is the focus of scholars around the world. In accordance with the principle of relief of the rights of victims, world law has always believed that the liability of the perpetrators should be emphasized and that the State should also be compensated. The harm of the victim to the victim is heavy, in order to prevent the injury one after another, should strengthen the victim's rights, promote the continuous development of social civilization, in-depth understanding of the victims,within the scope of the implementation of relief is of great significance. Many countries are increasingly concerned about the restoration of victims'rights and interests, and improving the rescue of criminal victims has become the inevitable development of society. The long-term development of Chinese criminal law has gradually evolved into the protection of the legitimate rights and interests of criminals, and the protection of the rights and interests of criminal victims is seriously inadequate. The rights and interests of victims can not be effectively protected for a long time, justice and justice is difficult to be reflected. When the victim's rights and interests are damaged, in addition to material and physical damage, including the spirit of the damage, should be from the macro level of relief, for example, through the perfect system will be victims of the rights and interests are inviolable, and able to victims of judicial assistance. This paper comprehensively studies the issue of the construction of the rescue mechanism of criminal victims, compares the practice cases and the social rescue practice cases of the criminal victims of the country, compares the laws and regulations of the civil law victims in the civil law countries and the Anglo-American law system, and sums up the criminal victims Among the five problems of the main body of the rescue, the lack of responsibility, the confusion of the rules, the lack of rules, the poor procedures, the reasons for the emergence of the problem, the analysis of the path to solve the problem, put forward the state institutions and social organizations to help rescue The principle of fairness, the principle of differentiated treatment, the principle of diversification and so on, and the principle of the principle of pluralism, the principle of pluralism, the principle of pluralism, the principle of pluralism, the principle of pluralism,Object and rescue mode were envisaged, so as to find a specific institutional mechanisms.The purpose of this study is to explore the path of criminal victim rescue, in the existing civil compensation,the state rescue on the basis of the assistance of criminal victims to provide more comprehensive help, while highlighting the criminal law of humanism.