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Criminal Victims Protection
Author: ChenTing
Tutor: ZhaoBaoCheng
School: China University of Political Science
Course: Criminal Law
Keywords: Victim Victims Protection Criminal Reconciliation
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 125
Quote: 0
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Abstract
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China's criminal justice system has been improved, the law also increasingly tend to improve, but until today, there are still many victims to protect the blind spot in our judicial system. Followed since the founding of our criminal law tradition, did not give the victim a reasonable position. Unfortunate victims of crime in criminal cases may be the body by the injury, may be spiritual is stimulated, it may be economically by the loss, in fact, more damage is being mixed. For these injuries, if only economic losses down is also relatively easy to recover, and the physical and mental damage to even be converted into money to make up for it is difficult to make the victim the real recovery of the victims of the situation before. But is in such tragic status of the victim, but in modern criminal law is extremely neglected status. In our country, led by the state as a dual structure of the country - crime \Therefore, with the protection of victims movement is flourishing in Western societies, the domestic first theorists started to introduce the concept of victim protection and victim protection system in China, and high echoes. With the rapid development of China's reform and opening up, China has made great achievements in economic and began to expose the many social conflicts, so the state began to pay more attention to the \Building a socialist harmonious society important strategy proposed \In 2004, the Constitution is written \Harmonious society to respect human rights, to promote equality for all, the full protection of the rights of citizens. The protection of human rights become the focus of the new era. Crime both are part of the protection of human rights which includes respect for and protection of the rights of the suspect (or defendant), respect for and protection of the rights of the victims of the crime should not be avoided problems. This thesis is based on strengthening the protection of criminal victims thinking, learning through the disciplines of criminology, victimology, the Criminal Procedure Law, Criminal Law, Criminal Law, collect research results and practical experience of the developed countries in the protection of the rights of victims of crime, after certain thinking and discussion with the students to study the same problem, and make some recommendations on the protection of the rights of the victims of the crime. Approximate line of writing: first to introduce the Victims of Crime Overview, followed on the development and practical experience of the protection of the rights of victims of crime abroad again Introduction and Comments on crime victims' rights protection and, finally, to strengthen and improve our criminal system of protection of the rights of the victims to put forward their views. The main structure of this article consists of four chapters. The first chapter an overview of the protection of the rights of the victims of the crime. The search for the definition of the victim, the mining history of the victim, and be classified according to certain laws of the victims. Then study the consequences of the victim was murdered, revealing what kind of damage by crime victims and society. Last leads to the problem of the protection of crime victims. The second chapter is the introduction of foreign countries and regions victim protection system development and practice. The aim is to learn from the advanced experience of other people and the practical results. The third chapter is the introduction and assessment of our current system for the protection of victims, mainly the practice of criminal reconciliation system is being implemented. The fourth chapter is combined with the experience of the protection of foreign victims and give a little view our current attempt victim protection as well as personal encountered in the internship process for the establishment of a sound of crime victims' rights protection system. This paper argues that, through the to build crime victims compensation system, improving the legal aid system, learn from and practice of restorative justice to strengthen the protection of the rights of the victims of the crime.
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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