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Victims of Crime assistance system research

Author: ZhouJian
Tutor: ZhouFan
School: Fudan University
Course: Public Administration
Keywords: Criminal Victims State Relief Relief System social security
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 26
Quote: 0
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Abstract


Modern Criminal Victims Relief System began in the mid-20th century in U.K. And it was fixed in the form of law in New Zealand for the first time. Since then, no matter how common law countries, or civil law countries, as well as the emerging Asian countries and regions have set up the system. And they are gradually paying attention to the protection of human rights of criminal victims.The theoretical foundation of Criminal Victims Relief System is mainly the doctrine of state responsibility, the doctrine of social insurance, the doctrine of social welfare and other theories. The doctrine of social welfare illustrates the moral necessity that the state provides the aid for criminal victims. In the theory, Criminal Victims Relief System is an important part of national social welfare system. For these reasons, the doctrine of social welfare is adopted by most countries. However, in practice, the doctrine of social welfare needs to be complemented by the doctrine of limited state responsibility.In the process of building the Criminal Victims Relief System of China, we can learn from the developed countries and Taiwan and Hong Kong, especially in building the integrated platform of relieving victims, coordinating the specialized agencies of social assistance and the professional department of criminal justice, determining the scope of the relief objects, relief requisites and sources of funding, etc.China hasn’t the national law on criminal victims relief, specifically lacking the coordinating of the Criminal Victims Relief System and the Social Security Assistance System. The justice relief is lag and one-sided because of the lacking of the public security organs. Thus, the coverage of relief is very narrow. Various limitations indicate that the fragmented design of the system of criminal policy, does not meet the need of practice of the Criminal Victims Relief System.We should consider the Criminal Victims Relief System as a social comprehensive project from the perspective of the public policy. By building comprehensive relief system of criminal victims, the public security organs become an essential part of the system, and the Criminal Victims Relief System coordinate with the Social Security Assistance System. Moreover, we need determine the basic principles of the Criminal Victims Relief System, establish highly efficient and convenient mechanism coordinately, and regulate every procedure of operation.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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