我国刑事被害人权益保护制度研究
发布时间：2018-08-04 09:56
【摘要】：刑事诉讼法的立法意旨既包括惩治犯罪行为,亦包括对人权的保障。伴随着当下民主与法治的进步,刑事诉讼中犯罪嫌疑人、被告人的合法权益获得愈加广泛的关注,相关的法律制度保障亦得到持续的强化。而就刑事被害人而言,虽然其身体和精神均会受到犯罪行为所带来的不同程度的侵害,且强烈要求惩治加害人,但是一直以来,其与加害人相比,受法律保护和民众关注的程度明显处于失衡状态之中。作为处于社会弱势地位人群中的成员,刑事被害人的合法权益受到法律保护和关注的程度,在很大程度上凸显了一个国家对民众的人权予以尊重和保障的程度。随着全球范围内对被害人人权的关注和保护思潮的勃兴,英美法系和大陆法系的主要国家均强化对被害人人权问题的关注,并依据本国的法制文化传统和具体国情,纷纷构建相关的权利保障制度体系以加强对被害人合法权益的保障。就我国而言,新刑诉法纳入尊重和保护人员的法律原则,明确规定了被害人当事人的法律地位,并赋予其在诉讼过程中享有大量权利。然而,我国现行立法仍然存在着诸多缺陷,被害人的权利运行亦遭受诸多障碍,其当事人的法律地位与权利保障亦未得到切实有效的实现。为此,借鉴国际上主要国家的先进立法经验,结合我国的具体国情,提出完善我国刑事被害人权益保护制度的具体建议,无疑具有极为重要的法律意义。本文除导论和结语以外,共分为四个部分。第一部分,具体阐释了刑事被害人权益保护制度的基本理论。首先,本部分对刑事被害人的含义进行了探讨,刑事被害人可以被界定为,因受法律保护的人身、财产及其他合法权益遭受到来自犯罪行为的侵害,要求追究加害人的相关法律责任而参与到刑事诉讼中,享有相应诉讼权利的人。刑事被害人具有如下法律特征:被害人的人身、财产和其他合法权益遭受客观侵害;被害人的损害后果与犯罪行为之间存在直接因果关系;被害人依法享有程序参与权。其次,本部分在前述基础上对刑事被害人权益保护制度的含义进行界定,即该制度是指在刑事诉讼过程中,保障刑事被害人合法有效地参与刑事诉讼,维护自身合法权益,追究加害人法律责任的各种法律制度的总称,包括程序性保护制度和实体性保护制度。再次,本部分对刑事被害人权益保护制度的理论基础进行了探讨,指出该制度以人权保护理论、三次被害理论和程序正义理论为理论基础。最后,本部分具体分析了刑事被害人权益保护制度的法律意义,该制度能够切实保障被害人的人权,能够有效地惩治犯罪,有助于促进和谐社会建设,有助于强化民众的法律认同。第二部分,对国际上相关国家的刑事被害人权益保护制度进行了考察和分析。本部分首先对大陆法系中德国和法国的被害人权益保护制度进行了详细介绍,同时对英美法系中英国和美国的被害人权益保护制度进行了详细介绍。最后,本文通过对两大法系国家的相关法律制度予以比较和评析,进而得出有助于完善我国刑事被害人权益保护制度的若干有益启示。第三部分,对我国刑事被害人权益保护制度的现状及存在的问题进行了介绍和评析。我国新刑事诉讼法确立了刑事被害人的当事人地位,并详细规定了被害人在刑事诉讼中所享有的各种诉讼权利。但是,我国现行刑事被害人权益保护制度仍存在诸多的缺陷,包括:被害人的当事人地位弱化;刑事附带民事诉讼的适用领域不宽,精神损害赔偿未纳入赔偿范围;被害人的程序参与权仍具有诸多缺憾;未建立国家补偿制度;刑事和解中被害人权益保障仍存在诸多问题。第四部分,提出完善我国刑事被害人权益保护制度的具体立法建议。鉴于我国刑事被害人权益保护制度所凸显的种种不足,我们应充分吸取两大法系相关国家有益的立法经验,并切实考虑我国的现实情况,从以下方面来完善我国刑事被害人权益保护制度:充分强化被害人的当事人地位;切实保障被害人的程序参与权;扩展刑事附带民事诉讼的适用领域,对精神损害赔偿亦应给予赔偿;建立刑事被害人国家补偿制度;进一步推动刑事和解的开展,充分保障被害人权益。
[Abstract]:The legislative intent of the criminal procedure law includes both the punishment of criminal acts and the protection of human rights. With the progress of democracy and the rule of law, the legitimate rights and interests of the suspects and the defendants in criminal proceedings have been paid more and more attention, and the relevant legal system guarantees are continuously strengthened. For the criminal victims, although they are concerned, Both the body and the spirit will be infringed by different degrees of crime and strongly require the punishment of the injurer, but it has always been in a state of disequilibrium with the extent of legal protection and public concern compared with the injurer. As a member of a social vulnerable group, the legal rights and interests of the criminal victims are subject to the legal rights and interests of the criminal victims. To a great extent, the degree of legal protection and attention, to a great extent, highlights the degree to which a country respects and guarantees the human rights of the people. With the worldwide attention to the human rights of the victims and the prosperity of the protection trend of thought, the main countries of the common law and continental law systems strengthen the concern about the human rights of the victims, and according to their own country In order to strengthen the protection of the legal rights and interests of the victims, the legal rights and interests of the victims are strengthened. In our country, the new criminal procedure law includes the legal principles of respecting and protecting the personnel, clearly stipulates the legal status of the victims, and endows them with a large amount of rights in the process of litigation. There are still many defects in the current legislation of our country, and the rights of the victims are also subjected to many obstacles. The legal status and rights of the parties have not been effectively and effectively realized. For this reason, we should draw on the advanced legislative experience of the major countries in the world and combine the specific national conditions of our country to improve the protection of the rights and interests of the criminal victims in our country. The concrete suggestion of the system is undoubtedly of great legal significance. Apart from the introduction and conclusion, this article is divided into four parts. In the first part, the basic theory of the protection system of the rights and interests of the criminal victim is explained concretely. First, the meaning of the criminal victim is discussed in this part, the criminal victim can be defined as the law. The protected person, property and other legitimate rights and interests are infringed upon from the criminal act, and the criminal victim has the following legal characteristics: the person of the victim, the property and other lawful rights and interests; the victim's victim, the victim's body, the property and other legal rights and interests. There is a direct causal relationship between the consequences of damage and the criminal act; the victim has the right of procedural participation according to law. Secondly, this part defines the meaning of the protection of the rights and interests of the criminal victim on the basis of the foregoing, that is, the system is to safeguard the criminal victims to participate in the criminal procedure legally and effectively in the process of criminal proceedings and to safeguard themselves. Legal rights and interests, the general title of various legal systems for the legal liability of the injuring person, including the procedural protection system and the entity protection system. Thirdly, this part discusses the theoretical basis of the protection of the rights and interests of the criminal victims, and points out that the system is based on the theory of human rights protection, the theory of the three victimization and the theory of procedural justice. Finally, this part analyzes the legal significance of the protection system of the rights and interests of the criminal victims. The system can effectively protect the human rights of the victims, effectively punish the crime, promote the construction of a harmonious society and help to strengthen the legal identity of the people. The second part, the protection system of the rights and interests of the criminal victims in the relevant countries of the world. This part introduces the protection system of the rights and interests of the victims in Germany and France in the civil law system, and introduces the protection system of the rights and interests of the victims in Britain and the United States in the Anglo American law system. Finally, this article compares and evaluates the relevant legal systems of the two countries. In the third part, the status and problems of the protection system of the rights and interests of the criminal victims in China are introduced and analyzed. The new criminal procedure law of China establishes the status of the criminal victim and stipulates the victim in criminal law in detail. However, there are still many defects in the protection system of the rights and interests of the criminal victims in China, including the weakening of the status of the victims, the wide application of the criminal incidental civil action, the lack of compensation for the compensation for mental damage, and the lack of defects in the rights of the victim's procedural participation; There are still many problems in the protection of the rights and interests of the victims in the criminal reconciliation. In the fourth part, the specific legislative proposals are put forward to improve the protection system of the rights and interests of the criminal victims in our country. In view of the shortcomings of the protection system of the rights and interests of the criminal victims in our country, we should take into account the beneficial legislation of the relevant countries of the two legal systems. According to the actual situation of our country, we should improve the protection system of the victim's rights and interests from the following aspects: to fully strengthen the status of the victims, to ensure the right to participate in the procedural participation of the victims, to expand the application field of the criminal incidental civil action, to compensate for the compensation for the damages of the mental damage, and to establish the state of the criminal victim. The compensation system should further promote the development of criminal reconciliation and fully protect the rights and interests of victims.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.2
本文编号：2163503
[Abstract]:The legislative intent of the criminal procedure law includes both the punishment of criminal acts and the protection of human rights. With the progress of democracy and the rule of law, the legitimate rights and interests of the suspects and the defendants in criminal proceedings have been paid more and more attention, and the relevant legal system guarantees are continuously strengthened. For the criminal victims, although they are concerned, Both the body and the spirit will be infringed by different degrees of crime and strongly require the punishment of the injurer, but it has always been in a state of disequilibrium with the extent of legal protection and public concern compared with the injurer. As a member of a social vulnerable group, the legal rights and interests of the criminal victims are subject to the legal rights and interests of the criminal victims. To a great extent, the degree of legal protection and attention, to a great extent, highlights the degree to which a country respects and guarantees the human rights of the people. With the worldwide attention to the human rights of the victims and the prosperity of the protection trend of thought, the main countries of the common law and continental law systems strengthen the concern about the human rights of the victims, and according to their own country In order to strengthen the protection of the legal rights and interests of the victims, the legal rights and interests of the victims are strengthened. In our country, the new criminal procedure law includes the legal principles of respecting and protecting the personnel, clearly stipulates the legal status of the victims, and endows them with a large amount of rights in the process of litigation. There are still many defects in the current legislation of our country, and the rights of the victims are also subjected to many obstacles. The legal status and rights of the parties have not been effectively and effectively realized. For this reason, we should draw on the advanced legislative experience of the major countries in the world and combine the specific national conditions of our country to improve the protection of the rights and interests of the criminal victims in our country. The concrete suggestion of the system is undoubtedly of great legal significance. Apart from the introduction and conclusion, this article is divided into four parts. In the first part, the basic theory of the protection system of the rights and interests of the criminal victim is explained concretely. First, the meaning of the criminal victim is discussed in this part, the criminal victim can be defined as the law. The protected person, property and other legitimate rights and interests are infringed upon from the criminal act, and the criminal victim has the following legal characteristics: the person of the victim, the property and other lawful rights and interests; the victim's victim, the victim's body, the property and other legal rights and interests. There is a direct causal relationship between the consequences of damage and the criminal act; the victim has the right of procedural participation according to law. Secondly, this part defines the meaning of the protection of the rights and interests of the criminal victim on the basis of the foregoing, that is, the system is to safeguard the criminal victims to participate in the criminal procedure legally and effectively in the process of criminal proceedings and to safeguard themselves. Legal rights and interests, the general title of various legal systems for the legal liability of the injuring person, including the procedural protection system and the entity protection system. Thirdly, this part discusses the theoretical basis of the protection of the rights and interests of the criminal victims, and points out that the system is based on the theory of human rights protection, the theory of the three victimization and the theory of procedural justice. Finally, this part analyzes the legal significance of the protection system of the rights and interests of the criminal victims. The system can effectively protect the human rights of the victims, effectively punish the crime, promote the construction of a harmonious society and help to strengthen the legal identity of the people. The second part, the protection system of the rights and interests of the criminal victims in the relevant countries of the world. This part introduces the protection system of the rights and interests of the victims in Germany and France in the civil law system, and introduces the protection system of the rights and interests of the victims in Britain and the United States in the Anglo American law system. Finally, this article compares and evaluates the relevant legal systems of the two countries. In the third part, the status and problems of the protection system of the rights and interests of the criminal victims in China are introduced and analyzed. The new criminal procedure law of China establishes the status of the criminal victim and stipulates the victim in criminal law in detail. However, there are still many defects in the protection system of the rights and interests of the criminal victims in China, including the weakening of the status of the victims, the wide application of the criminal incidental civil action, the lack of compensation for the compensation for mental damage, and the lack of defects in the rights of the victim's procedural participation; There are still many problems in the protection of the rights and interests of the victims in the criminal reconciliation. In the fourth part, the specific legislative proposals are put forward to improve the protection system of the rights and interests of the criminal victims in our country. In view of the shortcomings of the protection system of the rights and interests of the criminal victims in our country, we should take into account the beneficial legislation of the relevant countries of the two legal systems. According to the actual situation of our country, we should improve the protection system of the victim's rights and interests from the following aspects: to fully strengthen the status of the victims, to ensure the right to participate in the procedural participation of the victims, to expand the application field of the criminal incidental civil action, to compensate for the compensation for the damages of the mental damage, and to establish the state of the criminal victim. The compensation system should further promote the development of criminal reconciliation and fully protect the rights and interests of victims.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.2
【参考文献】
相关期刊论文 前10条
1 李玉洁;杨俊;;再论刑事和解中的被害人权利保护[J];河北法学;2015年12期
2 余敏;周勇;何缓;;未成年被害人保护机制探析[J];人民检察;2015年11期
3 曾文澜;;论刑事诉讼权益的平衡保护——以被害人诉讼权利的保障及完善为视角[J];内江师范学院学报;2015年01期
4 杨晓静;袁方;朱德良;;未成年刑事被害人诉讼权利保护初论[J];青少年犯罪问题;2015年01期
5 魏靖宇;;司法实践中刑事被害人权利保护问题研究[J];宁夏党校学报;2015年01期
6 张红平;张杰;;刑事诉讼中被害人权利的保护[J];山西省政法管理干部学院学报;2014年03期
7 龚红卫;;我国刑事被害人保护与轻刑化之博弈[J];嘉应学院学报;2014年07期
8 汪婷婷;;刑事被害人的权利保护[J];山西省政法管理干部学院学报;2013年04期
9 骆永兴;;论我国侦查程序中的被害人权利保护[J];温州大学学报(社会科学版);2013年05期
10 李奋飞;;刑事被害人的权利保护——以复仇愿望的实现为中心[J];政法论坛;2013年05期
，本文编号：2163503
本文链接：https://www.wllwen.com/shoufeilunwen/shuoshibiyelunwen/2163503.html
