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Study On National Compensation System For Criminal Victims

Posted on:2008-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y F WangFull Text:PDF
GTID:2166360215991258Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
National compensation system for criminal victims is a legal system in whichthe criminal victims can acquire the economic compensation from the governmentwhen they were in poverty as they couldn't cover the damages by the proceedingof civil suit collateral and other proceedings.The academic and theoretical bases about the national compensation systemfor criminal victims vary at great extent. In fact, as a legal system, its theoreticalfoundation should be taken account into the degree of realization of society justiceand human care to criminal victims, and would not limit to one theory or twotheories.The national compensation system for criminal victims is a reflection of theidea of rule of law by which equal protection between individual interests and stateinterests. On the basis of this institution, The money are afforded to the criminalvictims, to help them to recover to the normal living standard, to alleviate theanxiety of missing the correlated compensations, to enhance the incentive to alert and cooperation with the police. And the value of the system is also to control therate of crimes by maintaining the life of the criminal victims through the nationalcompensation system. Finally, the system can help to preserve people's confidencein rule of law.The national compensation system for criminal victims origins from ancientBabylon BC 18th century. Modern national compensation system for criminalvictims established in common law countries such as New Zealand, UnitedKingdom, Australia and Canada. So far the system has been established in morethan 30 countries. But it, the national compensation system, has not beenestablished in China.The legislation of the national compensation system for criminal victims inChina should be separated from the criminal procedural law with the objective ofpreserving normal living condition, the principles of safeguarding the life of thevictims, integrity of righteousness and equality. The system should includecompensation scope, compensation organization, processes, the source ofcompensation foundation, etc.
Keywords/Search Tags:criminal victims, human rights protection, system, national compensation
PDF Full Text Request
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