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The Enlightenment Which Is From The Paul Koo System On The Establishment Of The Criminal Victim Assistance System In China

Posted on:2015-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:F WangFull Text:PDF
GTID:2266330431451113Subject:Punishment law
Abstract/Summary:PDF Full Text Request
Criminal victim assistance refers to members of the State, social organizations, social individual based on the law, policy or social moral, through diversified means, maintenance material damage suffered as a result of the criminal act of victims, psychological trauma, such as damaged the lawful rights and interests of the purpose. So far, more30countries and regions have been established a national compassion system for victims. Compared with the outside, our country has not established a criminal victim assistance system. In the era of economic globalization, legal globalization has become a trend. Although legal transplantation is an effective way to realize the legal modernization, in the process, we should dig the local legal resource value of modern law. Though there is no criminal victim assistance system in China, in thousands years of Chinese legal culture the Paul Koo System is distinctive and it is a system which is a combination of a protection of the victims and investigated for legal responsibility. The system plays an important role, including determining the causal relationship between damage, relief for the victims and reconciling social contradictions and so on. In the construction of a harmonious society today, the Paul Koo System has a unique functional value, such as victims assistance, repairing damaged relationships, removing social conflicts, maintaining social harmony and so on. All this provides a reference value for the building of criminal victims assistance system in China.This paper is divided into five parts, first to investigate the historical Paul Koo System, and canalize its ancient practice situation, existing basis and the death reasons. Later, the paper makes a review on the part of the criminal victims assistance system, the theoretical basis of the system, the development status of the system in outside and inside. Again, this article compares the Paul Koo System and the criminal victims assistance system in terms of the theoretical basis, the sentencing of applying and offenders. By contrast, mining the Paul Koo System is implication of restorative justice concepts and modern significance of criminal law such as humanitarian values concept. Finally, combining the implication of Paul Koo System and the concept of modern criminal law and its inspiration to victim relief system, the author analyzes the value pursuit of law and the guided principles, in order to establish the criminal victims assistance system in China. And the author briefly discussed the main content of a legal document. Our country is in transition, it is difficult to avoid the existence of multiple contradictions, conflicts, disputes and other dissonant elements. All we can do is to establish effective systems, through various systems to ease, lower or even eliminate inharmonious factors, only way to escort for the construction of a harmonious socialist society.
Keywords/Search Tags:Paul Koo system, criminal victim assistance system, respect andsafeguard human rights
PDF Full Text Request
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