| With the popularity of the Internet,a large number of cases of serious infringement of minors have been exposed by public opinion and the media,and the protection of the rights and interests of juvenile criminal victims has gradually become a hot topic in the society.Due to the special protection of minors,the judicial organs of our country are conscientiously studying and implementing the six-character concept of "education,influence and rescue ",and have always attached importance to their related rights and interests,but the rights and interests of juvenile criminal victims have even been ignored.As a special group of society,the minor victim has the dual weak status of the victim and the minor,and needs more attention and priority and special protection in the criminal procedure.Cause Therefore,on the basis of defining the concept of juvenile criminal victims and their characteristics after being infringed by crime,this paper expounds the shortcomings of the current laws of our country in the protection of the rights and interests of juvenile criminal victims through a case study.This paper studies the protection juvenile criminal victims from three parts:The second chapter is the theory of protecting the rights and interests of juvenile criminal victims.The concept of criminal victim is combed from three different disciplines.On this basis,the concept of juvenile criminal victim in our country is expounded in combination with the definition of juvenile in current law of our country.At the same time,this paper summarizes the specific legal provisions of the current substantive law and procedural law on the protection of minors’ rights and interests in China.On this basis,according to the specific characteristics of juvenile victims in China,this paper puts forward three special principles that the staff of judicial department should follow in handling criminal cases of juvenile victims.The third chapter reveals the defects of protecting the rights and interests of juvenile criminal victims in China through typical cases.By analyzing the cases of extorting minors by means of road loans,this paper reveals some common problems in the practical departments in protecting the rights and interests of minor victims: substantive law level,due to the unclear definition and provisions of the current laws and regulations on privacy,the phenomenon of non-regulation of the protection of the privacy of minor victims and the lack of legislative provisions on the national compensation system for minor victims can not be fully guaranteed;at the procedural law level,it reveals the unbalanced guarantee of the right to know of juvenile criminal victims in China and the insufficient protection of the legal aid rights of juvenile criminal victims.The fourth chapter discusses the protection of the rights and interests of juvenile criminal victims in China.This paper summarizes the problems in the protection of the rights and interests of minor victims in the substantive law level and the procedural law level,and puts forward some suggestions for improvement.The fifth chapter is the conclusion.It is hoped that through the study,it can appeal to the theoretical and practical circles to pay attention to the protection of the rights and interests of juvenile criminal victims,and help to perfect the provisions of the protection of the rights and interests of juvenile criminal victims. |
