Research About The System Of State Help For Criminal Victim

The System of State Help for Criminal Victim is a legal system that intends to balancethe interest patterns among the state, the offender and the victims. Its construction benefits thecomprehensiveness of the protection of human rights in China, meeting the real demand forthe construction of harmonious society, as well as promoting the process of criminal andjudicial reform and the accelerating the realization of the basic principle of running thecountry according to law in China.Therefore, as for the social transition period in China, soon to build up the System ofState Help for Criminal Victim is inevitably of great significance in accord with China’snational conditions and actual need in judiciary. Based on the clarification of basic concept,this thesis starts from the concept of the system to clarify the great significance of the system,deep analyzing the rationale of the system. For the purpose of being better, this thesis paysefforts to set up a System of State Help for Criminal Victim in consistent with economy andsociety of China through the full demonstration of basic problems with positive analysis.This thesis is about40000words, divided into three parts:Part1: The overview of the system of state help for criminal victims. First of all, throughthe title definition upon criminal victims as well as the basic concepts in the analysis, theauthor holds that in the area of research in the system of help for victims, and victims shouldbe defined as the criminal victims, who only refer to suffer from serious crime and getseriously physical harm or death victims and their families. Secondly, based on the modeanalysis in the system of help for criminal victim, the author views that the establishment ofthe system of state is helpful for criminal victims correspond with the country’s situation atthe present stage. Furthermore, the analysis of the help for criminal victims on China’spresent situation. Through defects in the criminal suit attached with civil lawsuit system,deficiencies in judicial relief and in-depth analysis in the limitations of civil relief, this thesisanalyses a series of problems, such as the deep causes of traditional aids to criminal victimsunable to conduct effective relief, crisis on mainstream values and unstable factors to thesociety. Finally, the author illustrates the significance of the construction of criminal victimsrelief system from the aspects of the maintain of the social stability, construction theharmonious society of socialism, the protection of human rights, establishment of the socialist country under the rule of law, the promotion the reform and the realization of criminal judicialreform.Part2: the theoretical basis of criminal victims state aid system. Firstly, the authoranalyzes the theories of the state aid system of criminal victims, pointing out their advantagesand disadvantages. Secondly, the author holds that it is reasonable to construct the theoreticalbasis of state aid system of criminal victims from three dimensions: based on the limitedliability said, supported with the human rights theory, orientated to justice.Part3: some legislative problems on the construction of the system of criminal victimsstate aid. The author proposes to construct the system of criminal victims state aid legislationby analyzing the basic principles of the state aid system of criminal victims state aid, the aidrecipients, the relief types and standard, the assistance authority and procedure and relief fundraising.