In the Perspective of Criminal Rule of Law: Victims

Author: Xu Yongqiang
Publisher:
Publish Date: 2003-04-01
Features: The theoretical issues concerning victims not only encompass the entire field of criminal law, including criminology, criminal law, and criminal procedure law, but also run through the entire process of the dynamic development of criminal rule of law. For a long time, the research in the field of criminal law has basically been conducted from the perspective of the perpetrator (the party causing harm), with little examination from the perspective of the victim (the party suffering harm). The continuous increase in the number of crimes, to some extent, indicates the shortcomings of criminal policies and criminal law theories that are centered on the perpetrator and potential perpetrator. It is undeniable that analyzing crime problems from the perspective of victims has become a development trend in criminal law research worldwide. This research method will exert a strong impact on traditional criminal law theories. Therefore, it is necessary to conduct an in-depth reflection on China's criminal law theories. The legal status and protection and assistance of victims are currently hot topics in academia, and fields such as criminal law, criminology, and criminal procedure law have paid great attention to this issue, making it a new academic growth point. The rapid development of victimology theory has first shaken the cornerstone of the entire field of criminal law—the traditional concept of crime. Crime is no longer just an isolated struggle of an individual against the entire ruling relationship or, in other words, an infringement on state public power, but also an infringement on the individual victim or, in other words, an infringement on private rights. It is essential to highlight the protection of individual dignity and human rights under the law, which is also the development trend of the world today. At the same time, it has triggered a chain reaction in other theories of criminal law. Etc.