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On Doctrine Of Liability Fixation Of Criminal Compensation

Posted on:2007-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:W L WangFull Text:PDF
GTID:2206360215467170Subject:Law
Abstract/Summary:PDF Full Text Request
A criminal compensation system came into being with the development and improvement of human civilizations. It had critical effects and un-substitutable functions for keeping social justice and realizing the aim of law. Principles of imputation, as the key theory of criminal compensation system, provided the extremely basic foundations and criterions for judging state legal responsibilities on legal values. In 1995, China enacted"law of state compensation". This law had great effects on protecting the legal rights of human and property, and promoting social democracy and role of law development. However, the shortcomings that were formed by the defects on legislation confused the boundary regulations and understandings of principles of imputation of criminal compensation. Divergence of views on understandings with the principles of imputation of criminal compensation in judicial practice directly affected scope of criminal compensation, and then was disadvantage to protect civil rights of compensation. In this paper, the author undertook the methods of analysis and comparison, introduced and analyzed relevant criminal compensation principles in foreign countries, pointed out divergence of views on understandings of criminal compensation in Chinese academic and judicial circles. Finally, the author put forward relevant legislative suggestions of principles of imputation in criminal compensation.
Keywords/Search Tags:Criminal Compensation, Principles of Imputation, Legislations Improvement
PDF Full Text Request
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