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State Compensation System for Victims of Criminal Construction

Author: LiXiaoHong
Tutor: MaXiuQing
School: Shanxi University
Course: Criminal Law
Keywords: Crime Victims National Compensation System
CLC: D924
Type: Master's thesis
Year: 2012
Downloads: 23
Quote: 0
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Abstract


With the emergence and development of science of the victim, the victim compensation problem caused of the attention of the scholars and the governments. Many countries, especially developed countries have implemented on specific crime victim compensation system. China lack of state compensation system of criminal victim at present, which is not in accordance with the international judicial reform trend, is not conducive to China’s legal construction improvement. Therefore, for China to establish the system of national compensation for criminal victims is significant. Based on the national compensation for criminal victims as the research angle of view, see the relevant literature, the comparative study and empirical analysis methods, through research, system of state compensation for criminal victims of related concepts, legal basis and major countries in the world on the state compensation system for victims of criminal legislation practice are discussed, and based on this with China’s current criminal victims relief: Theory and practice, on the construction of China’s state compensation system of criminal victims had a try, hope to help in our country from the legislation as soon as possible to establish the national compensation system for criminal victims. The paper is divided into four parts:The first part of the criminal victim and the state compensation system for criminal victims concepts, analyzing its characteristics, through the national compensation for criminal victims and criminal compensation, state compensation, insurance indemnity, the comparison of related concepts from the theory of state compensation system of criminal victims are defined, namely the fingering Lv Mingwen prescribed, country to suffer criminal behavior assault but not through the judicial procedure to obtain adequate compensation to victims and life in trouble death victims’ relatives, in accordance with legal procedures, to give the certain economic compensation legal system. While combing the historical gradual progress of system of compensation of criminal victims. And from the realization of legal justice, promote social harmony, balance a criminal defendant and victim countries to protect the rights and interests, crime control aspects of argumentation our country construction of state compensation system of criminal victim’s significance.The second part introduces and evaluates the state compensation system for criminal victims six theories:the social contract liability, social welfare, social insurance, public assistance, said that political interests, make up the defect of system. And that the social contract liability mainly to social welfare, supplemented by as the establishment of China’s state compensation system of criminal victim theory is more suitable.The third part of the British, the United States, Germany, Japan’s national compensation system for criminal victims were introduced and compared, for the establishment of China’s national compensation system to provide outstanding and beneficial practice experience.The fourth part introduces China’s current criminal victims relief theory research and practical exploration of present situation, proposed the current relief problems in practice, and discuss the construction of state compensation system for victims of criminal specific conception. Firstly the paper discusses the construction of the system of legislative principle, put forward the principle of fairness and justice; after the first compensation, compensation principle; appropriate compensation; timely compensation principle; the principle of limited compensation and the proportion principle; in the specific system, tries to design the compensation object, compensation, compensation, scope of compensation, compensation mechanism, the compensation procedure and source of funds constitute the basic system. The hope of China’s state compensation system of criminal victims as soon as possible.

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