The study examines current enactment with regard to researching the criminal procedure rights of the criminal victims, and introduces the theories of criminal victims’ protection, including the Victimology, the human right of the constitution and the Restorative Justice. These theories support the foundation of the criminal victims’ protection, and ask more rules about the protection of the criminal victims in current criminal procedure rule. In particular, this thesis attempts to propose a further rule for the criminal procedure rights of the criminal victims. Although there are many international scholarly discussions on this particular issue, the current law still remains silent. This paper introduces the comparative study on the legal system of United States, Germany, and Japan, related to the criminal procedure rights of the criminal victims. Through the comparative research, compared with the code of criminal procedure in Taiwan, the legal system of United States, Germany, and Japan already focus on the victims’ procedure rights. Because of the lack of the victims’ protection, the thesis suggests revising and augment more rules which gives the victims some rights on the disqualification of the prosecutor, documents service, assistant of agent, perpetuation of evidence, the joint to the ‘Not to procecuted’ and ‘Deferred Prosecution’ decision, and the joint to the ‘Apply for Reconsideration of the Ruling’ and the ‘Setting for Trail’ investigation proceeding. Furthermore, on the judiciary proceeding, the victim has more rights to apply the secret trail, cross-examination to the defendant, objection against the question of the defendant when the victim was a witness, etc. In particular, the Victim-Offender Mediation from the Restorative Justice should be ruled on the ‘Summary Procedure’ and ‘Mediation Mechanism’.

資料來源:http://handle.ncl.edu.tw/11296/ndltd/39988904064023598678