A Research On Judicial Assistance System For Criminal Victims Of Procuratorate

The emergence of the theory of balance of rights strengthens the protection of the rights of victims,and emphasizes the equal rights of the weak gradually.However,the victim,as the weak in criminal cases,has been in a neglected position in the criminal procedure law.It is the due meaning of humanitarianism to emphasize the aid to the criminal victim.The development of humanistic criminal justice requires the relief of victims’ rights to be placed in the same important position as criminal trial.The rescue of criminal victims demonstrates the protection function of legal interests of criminal law.Only when the legal interests violated are filled to a certain extent,can the criminal procedure law highlight the task of respecting and protecting human rights and protecting various rights of citizens.Therefore,this paper intends to study the judicial assistance system of criminal victims from the perspective of the procuratorial organ.Judicial assistance for criminal victims by procuratorial organs refers to the auxiliary measures that procuratorial organs provide economic assistance to eligible criminal victims in the process of criminal case examination and prosecution,supplemented by other assistance methods.The judicial assistance of criminal victims of the procuratorial organ adopts the comprehensive theory of state responsibility,which emphasizes that the state has the responsibility to protect the victims and at the same time defines its boundary,so as to achieve the balance between paternalism and individualism.Ensure that under the protection of paternalism,individualism gets the greatest freedom and protection.Through policy norms and empirical analysis,it is found that the current judicial assistance policies for criminal victims guiding procuratorial organs are not unified.The essential purpose of "emergency relief" has gradually been replaced by the maintenance purpose of "litigation and strike",which leads to the alienation of the purpose of national judicial relief at the policy level and the practice level.Judicial practice,procuratorial organs criminal victims relief assistance unknown object range,assistance standard fuzzy,procuratorial organs(above city-level)absence of rescue,the procuratorial organs at the grass-roots level can rescue range small,lack of special relief procedure,relief information opaque,the relief way of a single,unclear division of judiciary assistance and confusion of approval process.To explore the causes behind it,it is mainly caused by the petitionization of judicial assistance for criminal victims,the strong color of "paternalism" in the judicial assistance system,the inconsistent policies and regulations,the lack of awareness of assistance and the tension between justice and efficiency.In view of the above problems,firstly,the unified policy should be clarified to return to the single purpose of "emergency relief",and the judicial assistance of criminal victims in the petition stage should be reduced by gradually standardizing the petition work and prefacing the relief procedure.Secondly,the division of judicial assistance for criminal victims should be established with the procuratorial organ as the main part,the public security organ as the pre-trial and the court as the supplement,so as to advance the judicial assistance for criminal victims to the stage of examination and prosecution,reduce the assistance at the stage of petition and petition,and force the weakening of judicial assistance at the stage of petition and petition.Thirdly,by connecting with other judicial systems,strengthening regional level linkage assistance and combining with social assistance,long-term and comprehensive assistance can be provided to criminal victims,so as to improve the satisfaction of the rescue results and reduce the situation of re-assistance through letters and visits.Thirdly,the standard process of judicial assistance for criminal victims of procuratorial organs should be refined,and different approval procedures should be applied according to the case situation,so as to improve the efficiency of assistance and achieve the balance between justice and efficiency.Refine and quantify the scope and standard of relief to ensure the substantive justice of judicial relief.Finally,through the establishment of the judicial relief fund,the establishment of the recovery system,broaden the sources of relief funds channels,to achieve the full relief of criminal victims.