한·중 범죄피해자 보호 및 지원제도의 비교고찰

A Comparative Study on the System of Protecting and Supporting Crime Victims between Korea and China

Despite improvements of the status of crime victim in the Criminal Procedure, China still clearly has not finalized about the concept and scope of the crime victim. Given the status of the victims in criminal proceedings, it is very important to confirm the notion and the scope of victim. In ancient criminal procedure which criminal suit and civil suit was divided, the victim had an independent right to indict the offender. Without the indictment of the victim, the court itself could not proceed with trial activity. Hence the victim had a prosecutor's position. But, in accordance with the advent of national prosecution principle, the right to prosecute was given to the state's or king's agent. Therefore, the victim had become unable to perform the role of the prosecutor. Victim's status had lasted for a long time and even after modern Western countries complete the criminal justice reform, and the victim's status in criminal procedure has not changed. But, victims has been excluded in the criminal procedure, and today the status has been very weakened and marginalized. However, after the Second World War, as the international cooperation for protection of human rights has unfolded, more people have become interested in the status of victim in criminal procedure, and China and Korea also are making a grater effort to improve the status of victim in criminal procedure. This study reviews and analyzed the systems for protecting and supporting crime victims in China and Korea, and suggests some implications for reform of the victim's right in criminal procedure.