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Criminal incidental civil action against the personal rights Legal System

Author: JiQingHai
Tutor: LiRenFu
School: Jilin University
Course: Legal
Keywords: Infringement of personal rights with civil Overview Confused Perfect
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 119
Quote: 0
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Abstract


Criminal incidental civil action against the regime of personal rights protected by the victims , not just about the state of the situation and the level of human rights protection , but also reflect the national legal system of justice is embodied judicial philosophy. While China's current system of criminal incidental civil action the principles stipulated too , would be quite lag , judicial practice facing a lot of confusion . By the author of the areas of foreign and legislative experience in criminal compensation for infringement of personal rights improve our system of criminal incidental civil action , the following recommendations : protection of victims should be increased mental damage ; urban and rural residents of compensation applicable standards should be unified ; victim should be given complete right of appeal , the program should be given the right to choose and the right to legal assistance ; increase advance execution , property preservation ; actual compensation by the defendant and sentencing , probation , and the application of commutation and parole combined ; establish restorative justice and state aid compensation system. Protection of the rights of criminal victims more fair , reasonable and adequate relief more to promote democracy and legal system and human rights protection to a higher level .

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