紀要論文

紀要論文

text

Osaka University Law Review. 2025, 72, p. 91-112

Realisation of Victims’ Interests and Rethinking the Purpose of Criminal Proceedings in China

Ma, Roujia

Graduate School of Law and Politics, Osaka University

英語

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2025-02

Articles

This article explores the realisation of victims’interests within China’s criminal justice framework, offering a critical re-evaluation of the purpose underlying criminal procedural law. With the growing prominence of victimology and international directives on victims’ rights, the judicial reform process in China has increasingly focused on the status and rights of victims in litigation. Traditionally, China’s criminal procedure system has prioritised crime control and human rights protection as its dual objectives. However, significant challenges remain in addressing victims’needs for retribution and compensation, often driving them to seek extrajudicial avenues, leading to unintended social consequences. This study argues for a restructuring of this dual-purpose framework. It proposes a reinterpretation of existing principles to more fully encompass victims’interests within the broad scope of human rights protection. By expanding the concept of human rights to explicitly include victims, this approach aims to foster a more balanced and equitable criminal justice system that aligns with the contemporary demands for social justice in China.

100523

Realisation of Victims’ Interests and Rethinking the Purpose of Criminal Proceedings in China

Ma, Roujia

Graduate School of Law and Politics, Osaka University

英語

2025-02

Osaka University Law Review

72

91

112

https://hdl.handle.net/11094/100523