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On The Construction Of National Compensation System For Criminal Victims In China

Posted on:2008-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:X J ZhangFull Text:PDF
GTID:2206360215466773Subject:Law
Abstract/Summary:PDF Full Text Request
Strengthens authority protection to the criminal victim is an international criminal judicature tendency. However ,legislates actualand in the judicial practice in our country, no matter is victim sentity rights or the procedure rights, he or she has not obtained the attention that should have, and he er she has become the quoin which is forgotten by the criminal judicature. The matter which creates to the victim loses speaking of the crime because of the flaw of the existing criminal activity supplements the people lawsuit system as well as the flaw of the criminal victim aids the system the ,and it causes the victim suffer from the crime violation appear the survival crisis, this factor has influenced our society safety and harmony. In overseas , the solution of this question is the system about compensating the criminal victim from the country. This article ponder way is profiting from the overseas experience, unifing the Chinese realistic national condition, inthoroughly understanding above this system rationaleThis article including introduction, conclusion altogether six parts:The introduction partially the harm which creates to the victim obtaining from the crime, points out our country criminal activity supplements the people lawsuit system to safeguard the victim rightsand interests the flaw, thus draws out the criminal victim country tocompensate the system this question solution way, also pointing out why the author selects a topic;The first part first discriminates the criminal victim country tocompensate the system with other correlation system relations and difference, clearly limits this system concept,simultaneously maybe the legislation conception partially has especially made the upholstery for as follows; Next, through the brief length, using history and the present view, compensates the system to the criminal victim country the overseas practice and the domestic experience makes an analysis introduction, thoroughly discuss this system for as follows toprovide the historical foundation and the realistic platformThe second part through compensates the system rationale many kinds of positions to the existing criminal victim country the comparison discrimination, absorbs its reasonable essence, proposed the social contract discusses with the fair just idea, thus returns to this system theory zero point, this also is a this article characteristic;The third part analysis the necessity and feasibility of the country compensating to criminal victim, this is another characteristic of this article;The fourth part is the key point and the foot spot of this article , based on preceding text foundation, this article propose out the criminal victim country compensates the system the concrete conception through a utilization greater length. In process of the concrete system design, to the overseas practice, the rationale, the realistic national condition, judicial practice and so on the many kinds of factors synthesis consideration, trying hard to achieve scientific, reasonable and standard.The last part is the conclusion of this article...
Keywords/Search Tags:The criminal victim, country compensating, the rationale, reality basis, legislation conception
PDF Full Text Request
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