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In general, a victim is a party to a criminal proceeding, and a victim is a party to a civil proceeding. Victim refers to a person whose lawful rights and interests have been violated by criminal conduct in a criminal case. Victims in a broad sense include victims of private prosecutions in criminal proceedings; It also includes victims of public prosecutions in criminal proceedings.
Victims in the narrow sense refer only to victims in public prosecution cases. In criminal proceedings, the victim is one of the parties and is in the position of plaintiff. "Victim" refers to the "person with the right to compensation" in a civil case.
Refer to the second paragraph of Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases: "The term 'compensation right holder' as used in this article refers to the victim who has directly suffered personal injury due to tort or other causes of harm, the dependents who bear the obligation to support the victim in accordance with law, and the close relatives of the deceased victim. "Legal basis:
Paragraph 2 of Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases "The term 'compensation right holder' as used in this article refers to the victim who has directly suffered personal injury due to tort or other causes of harm, the dependents who bear the obligation to support the victim in accordance with the law, and the close relatives of the deceased victim.
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There is no legal distinction, although it is usually referred to as "victim" in the field of criminal law and "victim" in the field of civil law.
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Strictly speaking, the victim is the person who has been directly harmed, and the victim is the person who has been indirectly harmed.
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The victim refers to the one who was killed, and the victim refers to the person next to the victim.
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I'm a lawyer, and as far as you say, there's no difference.
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Victim refers to a person whose lawful rights and interests have been infringed upon by criminal conduct in a criminal case, including victims of private prosecutions in criminal proceedings, as well as victims of public prosecutions in criminal proceedings. The victim refers to the person who has the right to compensation in a civil case.
Article 108 of the Criminal Procedure Law of the People's Republic of China.
The following terms in this Act shall have the following meanings:
1) "Investigation" refers to the work of public security organs and people's procuratorates in collecting evidence, investigating the facts of the case, and related compulsory measures in criminal cases in accordance with the law;
2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation;
3) "Statutory Administrator" refers to the parents, adoptive parents, guardians and representatives of organs and organizations with the responsibility to protect;
4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, translators, and so forth.
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Legal analysis: 1. The victim is a person whose lawful rights and interests have been directly infringed upon by illegal acts. One of the participants in the proceedings.
Its litigation status is that it is a private prosecutor in a private prosecution case, is in the position of a plaintiff among the litigants, and enjoys all the procedural rights of the plaintiff among the litigants; In a public prosecution case, the public prosecutor occupies the position of the plaintiff, and the victim is not a party to the litigation and only participates in the litigation as a general litigation participant, but enjoys more procedural rights than other litigation participants. 2. "Victim" refers to the "person with the right to compensation" in a civil case.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 1: Where the person entitled to compensation sues the person with the right to compensation to compensate for material and moral damages due to the infringement of life, body, or health, the people's court shall accept it. The term "compensation right holder" as used in this article refers to a victim who has directly suffered personal injury as a result of the tort or other causes of harm, as well as the close relatives of the deceased victim.
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The difference between a victim and a victim is as follows:
1. The victim is a person whose lawful rights and interests have been directly infringed upon by an unlawful act; Victims in a broad sense include victims of private prosecutions in criminal proceedings; It also includes victims of public prosecutions in criminal proceedings. Victims in the narrow sense refer only to victims in public prosecution cases. In criminal proceedings, the victim is one of the parties and is in the position of plaintiff.
2. "Victim" refers to the "person with the right to compensation" in a civil case.
Criminal Procedure Law of the People's Republic of China
Article 108.
The following terms in this Act shall have the following meanings:
1) "Investigation" refers to the work of public security organs and people's procuratorates in collecting evidence and ascertaining the facts of the case in accordance with the law in criminal cases, as well as relevant compulsory measures;
2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation;
3) "Legally-designated persons" refers to the parents, adoptive parents, guardians, and representatives of organs and groups with the responsibility to protect;
4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators;
5) "Litigation ** person" refers to the victim of a public prosecution case and his or her legally-designated ** person or close relatives, the private prosecutor of a private prosecution case and the person entrusted by his or her legally-designated ** person to participate in the litigation on their behalf, and the parties to attached civil litigation and their legally-designated ** person retained to participate in the litigation on their behalf;
6) "Close relative" means husband, wife, father, mother, son, daughter, siblings.
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