A Study Of The Criminal Victim's Involvement In Prison Execution Of China

Since states emerged in history,the retaliation for "pursuing absolute fairness" has been gradually expelled out of civilized states and replaced with the national execution system dominated by rulers' ideology.After the rulers' ideology has been crashed constantly by justicial human thoughts,the mode of prison execution characterized by the deprivation of personal freedom has then spread all over the world.However,it has been incomprehensible for generations of victims that there is only one standard preinstalled by the non-life organization to deal with trillions of crimes violation of individual life.Whether or not do the differential punishment means executed by different subjects actually achieve the substantially justice for criminal victims?In fact,states with advanced civilization are struggling to answer this question with a cruel reality.As a result,there is an increasing appeal of "finding the victims" and "encouraging victims to involve in the prison execution" in society.Developed countries where the witness or civil party enjoy lawsuit position have actually protected the legal rights of victims by Constitution amendment or special laws,which corresponds with the society's concern and encourages victims,involvement in prison execution through legislation.On the contrary,Chinese victims,who were entitled with the party of criminal proceedings more than ten years ago,could only stay outside the prison.The legal parties have no legal right to participate in prison execution related to themselves.Their actual rights have gone totally against the idealistic rights.As a prison officer,I will elaborate the significance of the flexible involvement of victims in rigid prison execution through systematic demonstration and propose assumptions for China's current mechanism lacuna on victims' involvement in the prison execution in the paper.The paper is divided into four parts:Part One is the conceptual definition and theoretical basis of the crime victim participation in prison execution.This part firstly defines the basic concept of criminal victims and prison execution and determine the study orientation of the crime victims'involvement in prison execution.Finally,it finds the solid theoretical support from the subject theory of philosophy,the theory of justice of law and the emerging restorative justice theory.Part Two is about the criminal victims' participation in the extraterritorial review of prison execution.This part makes an in-depth study of the mechanism on criminal victims' participation in prison execution in the representative countries with the Common Law System and Continental Law System.The advanced ideas and beneficial results of these countries could provide China with referential experience related to the crime victims' involvement in prison execution.Part Three is the actual situation and cause analysis of the absence of victims in the prison execution in China.This part reveals the disordered phenomenon of prison execution without the participation of the victims by describes the actual conditions of the prisoners,the victims,the procuratorate and the court's participation in the prison execution stage and analyzes the causes of the crime victims' absence.It is believed in this paper that the victims' rights are covered up by the powerful national interests,restrained by the dominated prisoners' rights and interests as well as the stereotypical thinking.Part Four is the constructive assumption of victims' participation in China's prison execution.Based on the current situation of prison execution in China and combined with the useful experience from foreign countries,this part puts forward a reasonable construction mode of victims' participation in prison execution in China and elaborates its implementation paths.