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从纵向看,刑事被害人的地位并非一成不变,而是经历了大体上四个阶段。首先,是作为刑罚执行者的被害人。在原始社会,没有国家,没有阶级,也没有刑事诉讼,“大家都是平等、自由的,... 从纵向看,刑事被害人的地位并非一成不变,而是经历了大体上四个阶段。首先,是作为刑罚执行者的被害人。在原始社会,没有国家,没有阶级,也没有刑事诉讼,“大家都是平等、自由的,包括妇女在内”。 在这种纯朴自然的社会中发生的杀害和伤害事件后,便求助于血的复仇(包括血亲复仇和血族复仇)方式解决。后来,又出现了同态复仇和赎罪,取代了血的复仇。这些惩罚加害人的方式,都是由被害人及其近亲属或是其所属氏族实施。所以,在这一时期,被害人实际上一直出于惩罚执行者的地位。
第二阶段,是作为刑罚追究者的被害人。随着社会的发展,国家出现了并日渐完善,国家审判逐渐产生,刑罚权成了国家司法权的重要组成部分,必须由国家来实施,以维护统治者的地位和权力,于是被害人失去了刑罚执行者的地位。但是,被害者仍然享有较大的权利,处于犯罪起诉者的地位。相对应的,刑事诉讼也采取了“弹劾式”的诉讼构造,实行不告不理。然而,随着阶级分化和阶级斗争的加剧,是否将犯罪人起诉到国家审判机关进行司法制裁完全取决于被害人个人意志的诉讼程序已经不适应统治阶级的需要。为了维护统治利益,有效的镇压反抗,中世纪欧洲对这一诉讼构造进行了改革。大陆国家实行了纠问式诉讼,英国实行了大陪审团控诉制。于是,对犯罪、尤其是侵害国家利益的犯罪是否起诉,已经不完全取决于被害人的意志,国家开始主动追究犯罪。但是,这并非完全排除了被害人作为犯罪起诉者的诉讼地位,大多数侵犯公民人身和权益的犯罪依然由被害人起诉。在现代意义的刑事诉讼制度建立之前,犯罪行为被认为是对被害人个人的侵害。现代刑罚理论建立之后,犯罪被解释为对代表统治阶级和广大人民利益的国家的侵害,是对社会秩序的威胁,国家的利益是最重要的,被害人遭受的痛苦成了第二位。在建立了专门的公诉机构和刑侦机构后,对罪犯的起诉和惩罚成了国家的权力,被害人只是对少数轻微的案件有自诉权。而且在刑事诉讼中,被害人从一个诉讼的直接当事人沦为一个客体,一个对付犯罪的工具,被害人的陈述仅仅被视为在国家对犯罪人的诉讼中所用的诸多证据中的一种。过去,罪犯要付给被害人数倍于他们所受损失的赔偿。现在,赔偿在刑事诉讼中居于次要地位,在很多情况下被害人连其所受到的直接损失都难以索回。在这一阶段,保护社会和国家的利益远远高于被害人要求惩罚罪犯和请求赔偿的利益,在最好的情形下,被害人在犯罪问题中是被遗忘的角色。在最糟的情况下,他们还会再次受害。 尽管建立刑事司法的初衷是为了保护被害人的利益,但是却常常使人感到整个刑事司法过程中总是偏向于被告人。
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我就懋信嗲
2009-06-05 · 超过26用户采纳过TA的回答
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from the longitudinal perspective, the status of the victims, but not changeablerather changesare shixing four stages.Firstly, it is the executor of the victim as a penalty.in primitive society, no country, there is no class, no criminal proceedings, “ everyone is equality and liberty of women¡¦s icfb ”. in this simpilcity nature of society that occur in the killing and injuries after the incident, we ask the blood - revenge of the (including vengeance and blood - revenge).later, and arisento homomorphous revenge and blood atonement, replacing the revenge.These penalties accuse a person, the victims and their close relatives or their respective clans.Therefore, in this period, in fact has been the victim for punishment by a law enforcer.
the second phase, as a penalty shall be investigated by the victim.as society develops, the national and increasingly sophisticated trial, punishment gradually became an important component of national jurisdiction, must be made by countries to implement to maintain the starv’d position and power, so a perpetrator - victim lost penalties.However, the victim still greater rights in criminal prosecution.corresponds to the criminal procedure also type ” “ impeachment proceedings, to implement not complaint.However, with klassenkampf, strongthen, differentiation and whether the prosecution of criminals to the national judicial organs to carry out judicial sanctions depends entirely on the victim's personal teachers'moral proceedings have not fit the needs of the ruling class.in order to safeguard the interests of the rule, effectively, suppression of the rebellion in medieval Europe on this case structural reform.national implementation of the continental inquisitorial procedure, the United Kingdom has been implemented for the grand jury indictment against their system.as a result, crime, especially the violation of national interests, whether or not to prosecute crime is not entirely dependent on the victim's will be investigated, start the active State crime.However, this is not entirely ruled out the victim as a criminal prosecution action status, most of the infringement of citizens'personal and interests of victims of crime is still by the prosecution.in the contemporary significance of the criminal procedural system established before a criminal act is considered to be victims of the individual.After the establishment of the modern theory, be interpreted as a crime on behalf of the ruling class and the interests of the national fudenmental vulnerableto, is a threat to social order, states'interests is the most important, the victim's pain has become the second place.in establishing specialized prosecution of criminal organizations and agencies, prosecution and punishment of offenders into the nation's power, the victim is only a few minor cases prosecution.and in criminal proceedings, the victim directly from one of the proceedings the parties to degenerate into a object, a tool to combat crime, victims'rights complexse moietyof substantialbreach in the countries of the proceedings with the many in the evidence.in the past, the offender to pay for the victim of a number of times they have suffered damages.now, damages in criminal proceedings in the second position, in many cases the victims suffer even the direct loss could be liquidated damages.at this stage, the protection of society and national interest than criminal penalties and the victim requests compensation in the interests of the best of circumstances, victims of the crime problem in the forgotten role.in the worst cases, they will again suffer for it. Although the establishment of criminal justice to protect the victim's interests, but it often makes one feel the entire criminal justice process is always to the defendant.
aibo001wang
2009-06-04 · 超过14用户采纳过TA的回答
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From the vertical position of criminal victims, remolded, but generally experienced four stages. First, as the executor punishment victim. In primitive society, no country, no class, no criminal lawsuit, "everyone is equal, free, including the women,". In this simple nature of the society after killing and damage, turn to the blood vengeance (including blood vengeance and those revenge.) Then again, and sin, revenge homomorphisms of blood vengeance instead. The punishment is the aggressor by the victim or his near relatives or their clan. Therefore, during this period, the victim has actually been punished executives from the position.
In the second stage, the criminal punishment is a victim. With the development of society, the country has appeared increasingly perfect, and the national judicial gradually, the penalty power became an important part of national judicial implementation by the state, and must come, in order to maintain the status and the rulers, and the victim power lost the executor. Punishment But, still have the right to greater victim in the criminal prosecution. Corresponding, criminal litigation also adopted "impeachment type" litigation structure, don't tell. However, with the class differentiation and the class struggle, whether criminal prosecution to national judicial organs for judicial sanctions depends entirely on the victim will procedure can't adapt to the need of ruling class. In order to safeguard the interests of the crackdown, effective rule, in this lawsuit in medieval Europe structural reform. The country executes continental type of litigation, the British rectification asked a grand jury system of charges. Hence, to crime and especially the enroach on the interests of the state, has not whether criminal prosecution, the victim will depend entirely on the state shall be investigated for criminal initiative began. However, this is not completely ruled out the victim as a criminal prosecution action position, most of the infringement of citizens' personal and the rights and interests of the victim remains by prosecution. In modern criminal procedure system establishment, crime is believed to be the victims of the individual. After the establishment of modern theory of punishment for crime is explained and the masses of ruling class represents the interests of the state, the threat of social order, and the national interests is the most important, the victim suffers pain became the second. The establishment of public prosecution tried agencies and institutions, to prosecute and punish the criminals became the victim of a few power, only mild cases have since the litigation. But in criminal lawsuit, the victim of a suit directly from the object into a crime, a deal with the tool, the victim's statement in the country to be seen as merely the criminal litigation evidence used in one of the many. In the past, criminal murdered number times to pay their loss compensation. Now, the compensation in criminal lawsuit in secondary position, in many cases even its victim by the direct losses are hard to claim. At this stage, the protection of the social and national interests far above the victim to punish criminals and claim for compensation, in the best interests of the victim in criminal cases, the problem is forgotten. In the worst case, they will still again. Although criminal judicature is established to protect the interests of the victim, but often makes people feel whole criminal judicial process is always in the defendant.
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2009-06-05
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From the vertical, the criminal status of victims is not static but in general has experienced four stages. First of all, as a penalty for the implementation of the victims. In primitive society, no country, no class, no criminal proceedings, "we are all equal and free, including women." In such a society, the natural simplicity of the killing and injury occurred after the incident, they resort to revenge the blood (including blood and blood revenge revenge tribe) means. Later, there is a homomorphism of revenge and redemption, replaced the blood revenge. Way to punish perpetrators of these are dealt with by the victims and their close relatives or the implementation of their respective clans. Therefore, in this period, the victim has been in practice for the implementation of the status of punishment.
The second stage is held as a penalty for the victims. With the development of society, the state and becoming a perfect trial emerging countries, the penalty is the right to become the national judicial power, an important component of the implementation by countries in order to safeguard the status and powers of rulers, so the victim lost the status of implementation of those penalties. However, the victim still enjoys greater rights, in a position to prosecute crimes. Corresponding to the criminal has taken the "impeachment-style" litigation structure, the implementation is not been ignored. However, with the class division and class struggle intensifies, whether or not to prosecute offenders to the national judicial organs to conduct judicial sanctions will depend entirely on the individual victims of the proceedings no longer meet the needs of the ruling class. In order to safeguard the interests of the ruling, effective suppression of resistance to the Middle Ages in Europe to carry out structural reform litigation. The mainland countries of the Inquisitorial Procedure, the United Kingdom introduced a complaint to the grand jury system. Thus, on crime, especially crimes against national interests whether or not to prosecute, is not entirely dependent on the will of the victim, the state began to pursue crime. However, this is not completely ruled out criminal prosecution of the victim as the status of the litigation, the majority of violations of the rights and interests of citizens and victims of crime still from prosecution. In the modern sense of the criminal system is established, the criminal act is considered against the individual victim. After the establishment of the modern theory of the penalty, crime has been interpreted as representative of the ruling class and the majority of the people against the interests of the country is a threat to social order, national interests is the most important, the suffering of the victims became the second place. In the establishment of specialized agencies and the criminal investigation of the indictment after the prosecution and punishment of criminals has become a national power, the victim is only a small number of minor cases from the right of appeal. But also in criminal proceedings, the victim of a lawsuit from the parties to be reduced to a direct object, a tool to deal with crime, the victim's statement be considered only when the state criminal proceedings were used in a lot of evidence. The past, criminals have to pay the victim several times in the loss they have suffered. Now, living in compensation in criminal proceedings secondary status, in many cases they are even victims of the direct losses are difficult to reclaim. At this stage, the protection of the interests of society and the State of victims is much higher than requirements of the request to punish the offender and the interests of the compensation, in the best circumstances, the victim in the crime is forgotten role. In the worst cases, they will be re-victimization. Although the original intention of the establishment of criminal justice is to protect the interests of victims, but often feel the entire criminal justice process is always biased in favor of the defendant.
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