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Research on National Compensation System for Criminal Victim

Author: LiaoZuoBo
Tutor: DaiYongCai
School: Southwest University of Political Science
Course: Legal
Keywords: Criminal Victims State Compensation System Social assistance system Restorative Justice
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 113
Quote: 0
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Abstract


A long time, China's criminal legislation, judicial practice, the focus is concentrated in the national interest to combat and prevent crime and maintain social order, the defendant based judicial system, mostly ignored the protection of the rights of victims. Committed to building a harmonious society, to strengthen the protection of the rights of victims, and build criminal victims compensation system should be criminal legislation and the reform of the judicial system in one direction. Construction of the Criminal Victims Compensation System discussed in the following three aspects: the first part is a brief discussion of damages for the victims of the criminal. First introduced the concept of criminal victims, defined the scope of the criminal victims discussed in this article; subsequently historical origins of the victims of the criminal damages do, establish the concept of damages since ancient times; Finally, compensation of the victims of the criminal damage elaborated the status quo: First, that has been neglected in the Criminal Victims' damages. Second, a large number of striking examples to clarify the criminal victim can not be compensated. On this basis, made from necessity as well as a theoretical basis, legal basis and policy basis for building the Crime Victims Compensation System Value Analysis. The second part of the domestic and foreign legislative trend in building a criminal victims compensation system were investigated. First of all, China's legislative and judicial practice were introduced. Subsequently made a comprehensive discussion of foreign legislative situation, the United Kingdom, the United States and Japan made an example of. Comparison of Legislation by domestic and foreign, to find out our current shortcomings, can learn from both domestic and overseas experience for China's attempt to build this system. The third part is the idea of ??building the system of criminal victims compensation. This article advocates the establishment of the system of criminal victims compensation. For criminal victims compensation system, the feasibility of establishing the system and specific system design are discussed, in the specific system design, advocated the development of specialized legal, while the principle of compensation, compensation objects and conditions, compensation standards and sources of funding, the compensation mechanism as well as the compensation program made operational review; On this basis, this paper has made two recommendations to supplement and improve the national compensation system: First, the developed countries under the auspices of the social assistance system. The second is the introduction of the concept of restorative justice in the national compensation system. I think that the developed countries under the auspices of the Criminal Victim Relief Fund, the cause of social health, social insurance undertakings, national compensation system for supporting measures can make up for the lack of national compensation system; from the concept of restorative justice and restorative justice help for victim point of view of the theory is applicable to clarify the significance of the introduction of the concept of restorative justice in the national compensation system.

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