论我国刑事被害人的权益保护——以恢复性司法为视角

On the Rights and Interests of Criminal Victims Protection——In the Perspective of Restorative Justice

传统刑事司法制度把对罪犯的刑事制裁视为社会正义的最终实现,同时强调对犯罪嫌疑人合法权益的保护,以期实现程序正义和实体正义的双重价值,但往往忽略了对刑事被害人的权益保护。在当前打击犯罪与保护人民同等重要的理念下,刑事被害人的权益保护问题备受关注。恢复性司法作为传统刑事司法的有益补充,对保护被害人的权益有着积极影响,如何通过恢复性司法保护刑事被害人权益也已成为刑事司法的重要命题。

In traditional criminal justice system, criminal sanction for offenders is regarded as the uttlmate realization of social justice, meanwhile, the protection of criminal suspects＇ legitimate rights and interests is emphasized, which is in order to achieve the double value of that procedural justice and substantive justice, however, the protection for victims＇ rights and interests is ignored. Under the current equal important concept of that is fighting against crime and protecting the people, the protection of criminal victims＇ rights and interests is concerned much. As a useful complement to the traditional criminal justice, restorative justice has a positive impact on the protection of victims＇ rights and interests. It has become an important proposition in the criminal justice that how to protect criminal victims＇ rights and interests through the restorative justice.