Dissertation > Excellent graduate degree dissertation topics show

Criminal Victim Protection of Civil Rights

Author: SunWenJing
Tutor: HongDaoDe；LuYang
School: China University of Political Science
Course: Procedural Law
Keywords: For Victims of Crime Civil rights Incidental civil action Legal protection
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 104
Quote: 1
Read: Download Dissertation

Abstract

With the trend of the development of the world's human rights protection, the theory and practice of our judicial community more and more attention to the protection of the rights of criminal defendant, also established in law the subject of litigation position, giving it a range of litigation rights for criminal victims. In practice, however, the victim's civil rights protection have emerged many problems, some typical cases reflects the contradiction of the legislation and practice has not been taken seriously, and its direct impact on the victim relief for civil rights for their own damage, weakness, relief nowhere. The civil rights of criminal victims, including personal rights and property rights, any kind of rights have been against crime will be some impact on the lives of the victim and the rights if they are not timely and effective relief, but will also increase the life of the victim even pressure to survive. Throughout this article is committed to build and improve the the Criminal Victim civil rights protection system, through statements, analysis of the causes of the phenomena of the problem, as well as the extraterritorial investigation of the system, want to be able to contribute to a development path for the victim civil rights protection . First, the article begins clear that the concept of criminal victims, referring to its legitimate rights and interests are infringed upon due to criminal acts of natural persons, units or other organizations. The subsequent criminal characteristics of victims, as well as the importance of the protection of their civil rights to be introduced. Their main way of civil rights protection in our laws: Victims may institute criminal incidental civil action to pursue individual file a civil lawsuit, the public security and judicial organs in a timely manner, shall order restitution, return, and giving the victim of a series of proceedings rights. And analysis of the various ways a major role and limited reality, as well as the main problems. Secondly, the extraterritorial legislative system and the legislative history of the expedition, the study focused on the victim civil rights protection to take the fringe-litigation and parallel litigation typical countries, and strive to complete to show the respective advantages and disadvantages of the two lawsuits mode. In summary and in-depth analysis of the debate on the issue of our theory community, I combined the extraterritorial study results and domestic realities, that our current should also continue to take the incidental-litigation mode as the main way of relief to victims of the civil rights, but it must be the The system to be perfect. The same time, learn from Taiwan legislative experience to local conditions to reform and improve the Incidental Civil Action should role. Finally, the objectives of the reform of our the victim civil rights protection system, that perfect criminal incidental civil system as the main framework of the successful legislative and practical experience to draw on foreign constructed as the support system of legal protection of the rights of the victims to rely on sound relief system and rely on strong government and non-governmental forces to supplement the national compensation system. The main reform measures include: establish a correct concept of the legislation, the the breakthrough first sentence after the China principle and criminal judgment res judicata constraints; improve the existing Criminal Incidental Civil Action, giving victims the program option, expand the scope of the claims for damages in the civil rights of victims; effective interface between the protection of civil rights of victims of a variety of ways, reform and recovery of restitution, the refund system, the establishment of a system of transfer of cases; build a system of criminal victims compensation.

Related Dissertations

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
© 2012 www.DissertationTopic.Net Mobile