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Victims of Crime Compensation System

Author: ZuoHongWei
Tutor: WeiKeJia
School: China University of Political Science
Course: Legal
Keywords: Criminal Victim State compensation system Legislation Plan
CLC: D922.11
Type: Master's thesis
Year: 2009
Downloads: 122
Quote: 1
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Abstract


Victims of Crime compensation system for victims to learn an important part of the system in order to protect the interests of the criminal victim as a starting point, the expectations of those in trouble because of crime victims, but can not get reasonable compensation from the offender, nor other forms of reasonable assistance to the victims for the state compensation to help them overcome their difficulties, to avoid a humanitarian crisis, and ultimately to enhance victim of hope in life, to restore the confidence of victims and affected by the general public on the national law and order purposes. From the basic concept of the system, this paper analyzes the deficiencies of our country at this stage in the criminal victim compensation issues, to clarify the necessity and feasibility of the system established in our country to China to build some of the basic problems of the system analysis and put forward their views, and strive to achieve on the basis of absorbing the combination of the objective reality of China. This article is divided into four parts. Part I: the basic concepts of criminal victims compensation system. First of all, through a comprehensive survey of victims to define the source of the term by the victim as well as academics, I believe that the alleged victims in the criminal victims compensation law, the legitimate rights and interests subjected to a criminal offense against a natural person. Second, given the concept of criminal victims compensation, the state against certain crimes against life into a predicament or mental anguish of the victims, in their can not be obtained through other legal means reasonable compensation or compensation by the State in accordance with statutory procedures given the appropriate form of compensation system. Finally, it discusses the difference between the State Compensation and State Compensation. Part II: China's status quo in respect of criminal victims compensation. I believe that our criminal with the civil litigation system can not guarantee the legitimate rights and interests of the victim, and not compensation for moral damage, obvious drawbacks; home remedies have no clear legal compliance, there is too much randomness in the specific operation, compensation for unfair ; the recent rise of judicial relief, the relief amount is too low, the lack of universality of defects, it can not reasonably protect the interests of the victim. Part III: Establishing the necessity and feasibility of the system of criminal victims compensation. This section includes two aspects: First, from the three aspects of protection of human rights, crime control, criminal law modernization discussed the need for the establishment of the system in our country; from the public consciousness, theoretical research, objective practice and learn from foreign economic strength and so the feasibility of the establishment of the Victims of Crime Compensation System. Part IV: Building the legislative vision of criminal victims compensation system. This section from the seven aspects of the legislative model and name of the basic principles of object scope, form and amount of the ruling institutions, sources of funding and management, application restrictions put forward their own point of view of constructing the system.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Administrative decree
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