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Thinking about Expand the Scope of Criminal Compensation

Author: WangYaoZuo
Tutor: WuDongGao
School: Yanbian University
Course: Constitutional and Administrative Law
Keywords: Criminal Compensation Criminal Compensation range Imputation Principles
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 77
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Abstract


From the provisions of the Law on State Compensation , the the criminal compensation range is enumerated , both enumeration deny or exclude enumeration . The characteristics of this model is clear, specific , limited range . Compensation range is very limited in the early stages of the establishment of a national system of compensation is understandable Never compensation to the compensation for this stage , a relatively narrow range is also the law . With the development of the rule of law , to expand the scope of interests relief is necessary . Model limitations and deficiencies cited in this context is more and more obvious . Logically , affirmation and negation are enumerated , and can not determine the full range , that is, there is the concept of the undistributed no end to all criminal behavior epitaxy . Therefore , in practice, will encounter the cited range of matters not in the negative and behavior neither in the affirmative cited range . These issues need to be addressed . To expand the scope of criminal compensation , not only have a clear understanding from the concept , but also to make the appropriate adjustments on the mode , Broad Form Add negative with the positive lists should be open only to those should be included in the scope of compensation matters behavior into criminal compensation range of scientific and reasonable to exclude matters that are not included in the range of criminal compensation and behavior . Administrative litigation system associated with the state compensation system has been expanded through judicial interpretation of the scope of the appeal , summarized positive and negative lists combined range mode . Terms for criminal compensation , should not only be extended , can also refer to the administrative proceedings precedent . This article from the case analyzes , through the theoretical basis of the criminal compensation system , the analysis of criminal compensation range , combined with the visits of foreign criminal compensation , and expand the scope of criminal compensation from the point of view of the legal and philosophical thinking .

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