《On the criminal victims' rights issues Discussion（犯罪受害者的权利问题上的讨论）》由会员分享，可在线阅读，更多相关《On the criminal victims' rights issues Discussion（犯罪受害者的权利问题上的讨论）（12页珍藏版）》请在金锄头文库上搜索。
1、1On the criminal victims rights issues DiscussionAbstract in criminal cases, the victim is directly against the object of the crime, but, due to the traditional concepts, the long-term rights of victims in a neglected state, with the progress of society, the gradual improvement of the legal system,
2、more and more people realize to, in a criminal indictment, the state does not fully represent the interests of victims in criminal proceedings must effectively improve the situation, give adapt to the rights and protection of victims and their legal status. Paper Keywords criminal legal status of vi
3、ctims rights protection The conditions of the criminal victims (A subject to criminal acts against To become the victim of a criminal case must be suffered violations have infringed the penal law, constitutes a crime, otherwise, it is not the victim of criminal proceedings. 2(By the criminal acts of
4、 direct infringement The consequences of the crime, has a direct impact, indirect impact, in judicial practice, be indirectly affected by the sometimes large number of citizens is not conducive to the timely hearing of the case, if allowed to participate in the proceedings, the first to participate
5、in the proceedings of the standard is difficult to grasp, followed by Thus, the victims of the criminal must be subject to criminal acts against citizens directly, has a direct interest in the case. (C enjoy the right to criminal prosecution and litigation rights Criminal victims by the criminal act
6、s of prosecution, in accordance with the Criminal Procedure Law to protect their legitimate rights and interests during the prosecution, the victim also has the right to exercise a right of action, such as to apply for withdrawal, for the protest. Second, the current Criminal Procedure Law provision
7、s on the protection of the victims The relevant provisions of the current Criminal Procedure Law on the protection of the victims: 3Compared to the 1979 Criminal Procedure Law, the new Criminal Procedure Law in 1997, for the victims in the criminal indictment in the case, has been given the legal st
8、atus of the litigants. In the course of the proceedings, the victim has the right to apply for withdrawal, the right to appoint agents to participate in the proceedings, the right to file an incidental civil material damage suffered. 3 directly to the courts for criminal private prosecution cases th
9、e victim is entitled to a private criminal prosecution. The prosecution phase of the procuratorial organs, the victim has the right to express their views on the circumstances of the case, on the prosecution not to prosecute satisfied with the decision, the victim has the right to file a complaint d
10、irectly to the court, the case of public prosecution to the case of private prosecution. The first instance ruling, the victim shall have the right to request the prosecution filed a protest. 4After the entry into force of the judgment of victims and their legal representatives, and close relatives
11、have the right to appeal the effective verdict. Third, lack of criminal protection of the victims (A victims right to know of the case subject to many limitations In criminal cases, the victim is the criminal acts against the object, is the biggest victim, a detailed understanding of the progression
12、 of the response to the case, in judicial practice, however, most victims know very little about the progress of the case, or even a No known. (Victim no right of appeal The Criminal Procedure Law provides: first instance verdict, the defendant refuses to accept the right to appeal to the court of s
13、econd instance, but the victim has not been given the right to appeal, but provides victims the right to request the procuratorial organs to lodge a protest in judicial practice, the procuratorial organs will be holding a cautious approach, if the case does not involve a material interest, they will
14、 not protest, resulting in the victims legitimate rights and interests can not be met. 5(The three victims were not given the right to compensation for moral damage Chinas criminal law and criminal procedure provisions of the victims the right to compensation, but the victim can only claim compensat
15、ion for material damage can not bring the spirit of damages in tort, the aggrieved party can still requires compensation for moral damage, and criminal behavior than the nature of the tort, the consequences are more serious, but can not institute criminal incidental civil action to require compensat
16、ion for moral damage, apparently the victim extremely fair and reasonable. (D victims of financial compensation is not in place In judicial practice, the judiciary, the criminal part often attach great importance, especially in major cases, the judiciary is always at all costs, severely fast processing, is indeed a deterrent to criminals and dangerous elements in the society, the victim psychology is indeed a great comfort. often overlooked part of civil compens
