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通过对某区法院2004年-2007年上半年间审理的故意伤害等七类严重侵犯人身权利犯罪中被害人境遇的调研,系统分析了刑事被害人的艰难处境。发现有以下特点:暴力性犯罪多发,人身损害案件逐年攀升;民事司法救济不足,“空调白判”现象普遍;被告人赔偿能力弱,以罚代赔倾向明显;被害人负担能力差,亟待经济赔偿或补偿;相关救助制度缺位,利益诉求渠道不畅。
By investigating the situation of seven kinds of victims in the crime of serious human rights violations, such as deliberate injury, which was handled by a district court from 2004 to the first half of 2007, the difficult situation of criminal victims was systematically analyzed. Found that the following characteristics: the incidence of violent crimes, personal injury cases increased year by year; inadequate civil judicial remedies, “air conditioning white sentence ” phenomenon is common; the defendant’s ability to pay for compensation is weak, Economic compensation or compensation; the relevant assistance system is absent, and the interest appeal channels are not smooth.