Research On The Protection Of Civil Rights Of Criminal Victim

The victims of criminal cases often suffer serious infringement of civil rights in the process of criminal crimes.Whether this kind of infringement can be made up through the institutional way has an important influence on the victim and the victim’s family,and also relates to the stability and harmony of the society.This topic for the civil rights of the victim for a long time promote the perfection of the relevant legal provisions,but inadequate protection of the victim for the civil rights still outstands.In recent years the research direction is limited to how to achieve the guarantee of civil rights of victims through reforming the criminal suit incidental civil action system.Fundamental problems have not been solved,and relevant research has encountered bottlenecks.This article starts from the analysis of legal norms and practical problems,through the analysis of basic theories,and tries to find a different way to reshape the relationship between the protection of victims’ civil rights and the the criminal suit incidental civil action system。In this paper,the victim’s civil rights are firstly sorted out.In the first part,the generation process of the civil rights of criminal victims is elaborated,and the classification analysis of the civil rights infringed is made from three aspects: the types of rights infringed,the types of losses caused and the types of forms infringed.After that,the relationship between the victim’s civil rights and the way of realization and the great role the criminal suit incidental civil action system is preliminarily discussed,The second part examines the problems existing in the protection of victims’ civil rights from the perspective of norms and demonstration.In terms of norms,it analyzes the main legal provisions and changes,and compares them with the provisions of the rights of the civil infringed.After that,in the empirical aspect,through the collection of first-hand case materials,the investigation of the actual situation of the civil rights protection of criminal victims in grassroots courts and indirect collection of materials,the practical problems such as limited scope of compensation and insufficient amount of compensation in the civil rights protection of criminal victims are sorted out.At present,the way of improving the protection of the victims’ civil rights is to regard the criminal incidental civil action as the only way to protect the victims’ civil rights,and to shape the criminal incidental civil action as a copy of the common civil action in the criminal trial stage.But this approach is at the cost of sacrificing the "incidental","efficient" and other characteristics and advantages of criminal incidental civil action.In order to solve this problem fundamentally,the third part of this paper,based on the analysis of the nature of the victim’s civil rights and the characteristics of criminal incidental civil action,repositions the relationship between the two,and proposes that criminal incidental civil action should be one of the ways to protect the victim’s civil rights,but not the only way.This paper gives the general idea of protecting the civil rights of the victims in a comprehensive and undifferentiated way,and at the same time,moderately restricting the rights in criminal incidental civil action and respecting the characteristics of criminal incidental civil action.In the last part,based on the above analysis of the problems and the root causes,the comprehensive and non-differential protection of the rights of victims is taken as the basic criterion,and the characteristics of criminal incidental civil procedure are taken as the focus,so as to put forward targeted operational suggestions for improving the protection of the civil rights of criminal victims.