Abstract

The reform of investigation procedure is the key to the amendment of 2012 criminal procedure law. The core content is to strengthen the protection of human rights in investigation procedure. But the majority of scholars’ study concentrated on strengthening criminal suspects rights protection，they despise even ignore the same need of the victims. It is biased obviously. The criminal procedure law amendment further strengthened the human rights protection of the criminal suspects in investigation procedure，however the victims’ rights protection remain the same fundamentally. This book according to the criminal policy of tempering justice with mercy as a visual angle，makes full use of the criminal procedure law，punishment law，criminology，investigation science，victimology and sociology，to study the victims’ rights protection in investigation procedure by crossover. This book is made of the introduction，the conclusion and five chapters. Chapter 1 is “The basic theory of the victims’ rights protection in investigation procedure”. First of all，it defines the victims’ legal status in the investigation procedure reasonablely，establishing the ought to state and natural state of the victims’ rights protection in investigation procedure；then，it analyzes the relation between the purpose，task，function of the investigation procedure and the victims’ rights protection，and the value of indictment to the victims’ rights protection；finally，it puts forward four basic requirements for improving the victims’ rights protection in China’s investigation procedure. Chapter 2 is “Investigation start and the victims’ rights protection”，it claims the filing procedure for the reconstruction of the investigation procedure start-up phase，focusing on five aspects of the victims accused，the victims’ rights inform，the victims part in supervision，the victims in relief and crime HeiShu in the process of start of investigation procedure and the victims’ rights protection problems related. Chapter 3 is “Investigation implementation and the victims’ rights protection”，it mainly studies on six systems which influence the victims’ rights protection directly during the process of China’s investigation implementing，they are ask the victims，the victims recognize，tell the victims appraisal suggestions，the victims personal inspection，the victims assistance of counsel，and not to investigation. From the angle of the victims，it discusses the reform and perfect problems during the implementation of investigation procedure. Chapter 4 is “Investigate terminative and the victims’ rights protection”，according to the current situation of ignoring the victims rights protection during China’s investigation terminative stage，it studies from five aspects of transferred for examination before prosecution，criminal cases revoked，the victims’ property returned，the victims’ civil suit collateral and illegal investigation legal sanctions to strengthen the victims’ rights protection，makes the end of the criminal cases in investigation terminative，the victims’ rights also get the maximum protection. Chapter 5 is “The balance of human rights protection between the criminal suspects and the victims”，it studies and solves how to realize the dynamic balance of human rights protection between the criminal suspects and the victims’ in investigation procedure from the perspective of the Balance Theory，to guarantee not to damage the criminal suspects “due process rights” in strengthening the protection of the victims’ rights in investigation procedure. The appendix is the empirical study and questionnaire.

Keywords：Crime Victims’ Rights；Investigation Procedure；Protection