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International Journal of Frontiers in Sociology, 2023, 5(16); doi: 10.25236/IJFS.2023.051623.

Study on the Protection of Victims in Criminal Recovery of Reparations

Author(s)

Haomin Lu

Corresponding Author:
Haomin Lu
Affiliation(s)

Graduate School, People's Public Security University of China, Beijing, China

Abstract

With the progress of society and economic development, crimes against property rights are increasing year by year. In our country, in recent years to property rights as the only violation of the object of the crime has accounted for 85% of the total number of criminal cases, the vast majority of cases will lead to the victim's property rights are violated. At present, there are mainly three ways to remedy the property rights of criminal victims in criminal proceedings, namely, civil litigation incidental to criminal proceedings, the recovery of money, ordered to pay back compensation, and the way to file a separate civil lawsuit. China's criminal procedure law focuses too much on the state's function of punishing and combating criminal behavior, and lacks a scientific and reasonable system construction for the protection of victims' rights, resulting in the violation of victims' property rights can not get effective relief. In addition, in China's criminal procedure theory research traditionally focuses mainly on the protection of the rights of the prosecuted person and the protection of the rights of the victim, focusing mostly on personal rights and procedural rights, and paying insufficient attention to the protection of the property rights of the victim, resulting in a lack of relevant systems and procedures. This paper examines and analyzes the current situation of safeguarding the property rights of victims in criminal proceedings in China, summarizes the outstanding problems in criminal recovery and compensation in China, extracts the universal concepts, principles and systems of safeguarding the property rights of victims in criminal proceedings in foreign countries, draws on the experience of foreign countries in the light of China's basic conditions, and thus proposes that China can improve the existing criminal incidental civil litigation, reform the system of recovery and compensation, as well as build a system of compensation for criminal victims from the aspects of a more complete, scientific and reasonable system of criminal property protection and a matching system. State compensation system and other aspects, and gradually establish a more complete scientific and reasonable criminal victim property protection system and matching system, in order to play a role in adding bricks and mortar to the study of the theoretical issue of victim property protection.

Keywords

criminal proceedings; victims; recovery; ordered restitution

Cite This Paper

Haomin Lu. Study on the Protection of Victims in Criminal Recovery of Reparations. International Journal of Frontiers in Sociology (2023), Vol. 5, Issue 16: 149-158. https://doi.org/10.25236/IJFS.2023.051623.

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