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Legislation Criminal Victims Compensation System

Author: TangNa
Tutor: ZengYueXing
School: Kunming University of Science and Technology
Course: Environment and Resources Protection Law
Keywords: Criminal Victims State Compensation System Economic Value System Design
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 19
Quote: 0
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Abstract

Criminal victims compensation system is an advanced research topic in criminal law. Along with the development of the work of protecting the victim rights, many countries have established the criminal victims compensation system to further protect the basic rights of criminal victims. Especially in the western developed countries, the criminal victims compensation system has become an important part of the national political system, not only safeguarded the entity rights of criminal victims, but also played an important role in easing up social contradictions and maintaining social stability. Nowadays in China, legislation on compensation system for criminal victims has not been established. Although some of provinces and regions have tried the way of state compensation, it exists many problems in practice. Therefore, the legislation of criminal victims compensation system is an inevitable trend. Especially in today’s China which economy and society are developing with a rapid speed, protecting citizens’rights, maintaining social stability and promoting economic development are the value pursuit of judicial reform in our country. In this sense, studying criminal victims compensation system development and it’s theoretical basis from other countries, discussing the applicable theory, the concrete system design and other related issues of our country’s criminal victims compensation system are very timely and necessary.The thesis consists of six major parts.Introduction, the first part of the main body, introduces the research background of the thesis, the significance of the research, the literature review and the research method. In the second part, it expounds the summary of the criminal victims state compensation system. It mainly introduces the concept and characteristic of this system, which also differentiate several related concepts. This part also includes the emerging and development of the criminal victim state compensation system, which mainly demonstrates the history of the overseas criminal victim state compensation system. At the same time, through comparative study to compare and analyze the foreign relevant legislation, to find their commonness and help our country to establish the criminal victims compensation system. In the third part, from the traditional thought the thesis analyses the necessity and feasibility about establishing the criminal victims compensation system in China and in order to promote the establishment of the system. Which focuses on the theoretical basis of criminal victims compensation system, puts forward that as the theoretical of constituting the system of state compensation for criminal victims our country, We’d better establish that with "limited national responsibility theory as the main and social welfare theory as me assist". The forth part discusses the economic value of criminal victims compensation system. This part is one of the core of the thesis. The writer uses the economics theory about "cost and income", analyze the cost structure and income structure of the state compensation system, elicit that the establishment of the system by comparing the benefits obtained are greater than costs. Considering from the perspective of economics, our country establishes criminal victims compensation system is feasible. The fifth part outlines the basic framework for establishing the state compensation system in our country. This section is also one of the core of the thesis. It puts forward our country’s legislation design ideas of criminal victims compensation from two aspects of the entity and procedure, makes a preliminary attempt to establish state compensation system.In the part of conclusion, from the present development situation of criminal victims compensation system, the thesis forecasts the prospects of the legislation and development of this system in China.

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