刑事被害人国家补偿的理论分析及制度构建——以刑事诉讼过程中的检察环节为视角

检察机关对犯罪嫌疑人作出不批准逮捕或者不起诉决定后,刑事案件诉讼程序即告终止,也就在法律上(而不是从事实上)排除了犯罪嫌疑人的存在,致使被害人无法通过诉讼程序获得赔偿。在检察环节,对刑事被害人进行国家补偿,既保障了被害人的人权,又可以促进社会的和谐稳定。     

正当防卫权主体之探讨

正当防卫权的享有者只能是受害者,这是目前刑法理论界的通说.但正当防卫权设置的初衷是为了制止不法侵害,而不法侵害不应仅仅从最初的表现形式进行界定,受害者在某些情况下超出了防卫范围的侵害亦属不法侵害,故正当防卫权的主体应从实质意义上进行把握,即侵害者也应当拥有正当防卫权.它包括一般防卫权和在特定情况下的无限防卫权.     

论统一公法学视野下受害人之公法救济——由一起案件引发的思考

当下行政救济制度与刑事救济制度在衔接上存在诸多问题，对受害人权利的救济呈现出基础理论缺乏、救济路径不全面以及救济程度不充分等局限。统一公法学对受害人权利公法救济的路径能够起着理论上的整合升华作用，增加公法救济路径的完整性并增强救济路径的互动性。     

The “Independent Variable” in Restorative Justice: Theory-Based Standards for Evaluating the Impact and Integrity of Victim Sensitive Process (Part II)

For almost two decades restorative justice practices have demonstrated positive impacts on crime victim satisfaction when compared to court and other adversarial processes. Although these practices have by no means addressed the myriad needs of crime victims, researchers and policy makers have puzzled about how to interpret these generally positive findings. We suggest that remaining difficulties in concluding that positive findings are a result of restorative process rather than some other factor (e.g., procedural justice) are due largely to (1) the lack of clear standards for gauging the integrity, or “restorativeness,” of interventions and (2) the failure to articulate logical mechanisms (i.e., intervention theories) that connect practices to immediate and intermediate outcomes, and these outcomes to long-term changes in the well-being of victims, offenders, and communities. In part 1 of a two-part discussion previously published in this journal, we described alternative definitions of restorative justice and outlined three core principles that provide a useful normative theory of restorative justice. In part 2, we focus on the “intervening variable” in restorative justice, utilizing qualitative data from a national case study to illustrate some potential immediate and intermediate outcomes of restorative justice practice on victims. We also discuss the implications of these outcomes for intervention theory and future research.     

Secondary Victimization of Crime Victims by Criminal Proceedings

It is conceivable that criminal proceedings cause psychological harm to the crime victims involved, that is, cause secondary victimization. To investigate this hypothesis, negative and positive effects of criminal proceedings were investigated, as perceived by 137 victims of violent crimes who were involved in trials several years previously. Trial outcome and procedure variables were measured as potential causes of secondary victimization. Results show a high proportion of victims reporting overall negative effects. Powerful predictors were outcome satisfaction and procedural justice, but not subjective punishment severity, interactional justice, and psychological stress by criminal proceedings. The practical implications of the results pertain to whether victims should be advised to report the crime to the police or not, and to appropriate prevention and intervention measures of secondary victimization by criminal proceedings.     

Forensic odontology lessons: multishooting incident at Port Arthur, Tasmania

On Sunday 28 April 1996 a lone gunman killed and injured many people at the historic penal settlement ruins at Port Arthur in South Eastern Tasmania, Australia. Thirty-two victims were shot dead and 19 were injured in a short time inside a cafe and along the roadway leading to the site entrance. The gunman then took one hostage to a nearby guest house which was occupied by a married couple. Police stood siege during the night. Early the next day the cottage began to burn and a man suspected to be the gunman eventually ran unarmed from the building with his clothes alight and was arrested. The house burned to the ground. Three bodies were later located in the burnt ruins.Forensic odontology played a role in the retrieval of evidence and identification of the incinerated victims. Lack of antemortem dental records for one victim necessitated the reliance on a single CT scan radiograph for matching with the remains. Fire scene procedures, evidence collection and other issues were reviewed.The overwhelming scale of this tragedy and its adverse effects on the Tasmanian community, especially the victims’ families and survivors, cannot be overestimated. While acknowledging this, it is important that lessons are learnt from tragedies such as these. This paper is presented with a view to assisting forensic odontologists in the investigation of complex incidents.     

ALCOHOL AND THE RISK OF PHYSICAL AND SEXUAL ASSAULT VICTIMIZATION*

We examine the effect of alcohol consumption on an individual's risk of victimization for physical and sexual assault. Analyses of the National Violence Against Women Survey suggest that the frequency and amount of alcohol people consume has strong effects on their risk of victimization when drinking, but is not associated with their victimization while sober. This evidence suggests that drinking has a situational causal effect on victimization, and cannot be attributed to opportunity factors associated with drinking. This effect is particularly strong for men and young adults, who may be more likely to behave provocatively when under the influence. Victims of sexual assaults and men assaulted by their female partners are also particularly likely to be drinking.     

Primary Victims; the End of the Road?

This article is a discussion of oneaspect of the troubled area of negligencedealing with psychiatric damage. Theidentification of the category of 'primaryvictim' by the House of Lords has given rise toconsiderable doctrinal confusion and theelevation of this category of victim to aprivileged status. The occupational stress andnegligent information cases have addedcomplexity to the matrix and the article is arequest for doctrinal simplification.     

浅谈模拟审讯

模拟审讯的准备工作应从以下两个方面着手实施。人力方面 ,应该从犯罪嫌疑人、审讯员、记录员、指导员这四个方面进行准备 ;物力方面 ,应从场所、械具、设备三个方面着手进行。     

论我国应建立犯罪被害人国家补偿制度

犯罪被害人国家补偿制度是指遭受犯罪侵害的被害人或其近亲属在一定条件下可获得国家提供的经济补偿的法律制度。这一制度在西方国家运行40年来已取得良好的社会效果,为我国提供了可借鉴的有益经验。我国目前的被害人保护立法有严重缺陷,缺乏对犯罪被害人的人文关怀,由此还引发诸多社会问题。在我国建立这一制度是实现正义、保障人权、控制犯罪、完善法制的必要,也是切实可行之策。