Institutional Transplantation:A Study On The Compensation Movement Of Modern Misdemeanor

The injustice compensation system is the product of the development of human rights in the West,as part of the state compensation system,It refers to the system when the judiciary and its staff exercise their powers,if their actions lead to false arrests,the occurrence of false judgments,then the damage caused by the legitimate rights and interests of citizens should be compensated.It includes compensation for the wrong arrest and trial of the two parts of the error compensation.The misappropriation of compensation and misjudgment of compensation is not synchronized,the pending detention compensation system first introduced to China.In the 1930s,in the face of human rights violations such as police indemnity and detention,the lawyers of the Republic of China launched a system of protection for the system of seeking human rights from the bottom up,and prompted the Nanjing National Government to legislate on the law of injustice.The movement has become an important practice in the construction of modern human rights system and an important part of the history of human rights in the past century.So far,the papers and writings of the modern miscarriage of justice have paid more attention to the movement itself,and the question of how the compensation system for miscarriage of justice has been introduced into China has not been answered.This article begins with the introduction of the legal transplant perspective,from the original data,by examining such a legal system initiated by the lawyer community and causing widespread concern from the government and the media to examine the transplant of the modern Chinese miscarriage of justice system Trying to the community on the degree of awareness of the system of miscarriage of justice and the 1930s national government legal system to take care of the facts.Hoping to learn from the modern people's human rights awareness and the construction of modern human rights system difficultThe text of this article has five parts,the first part is the introduction,the origin of this research and the previous research results.The second part is the first chapter of the thesis,which mainly elaborates the transplant process from the system of pending detention to the compensation system of miscarriage of justice,and then points out the origin of the torture movement.This article first introduces the disposal measures and cognitive changes of the wrong and wrong sentences from the end of the Qing Dynasty to the beginning of the Ming Dynasty.Secondly,it discusses the emptiness of the detention of the Nanjing National Government and the efforts of the Shanghai lawyers to put forward and persist in establishing the system of pending detention.,Pointing out that the lawyer from the wrong to the wrong attention to the change and study its causes,and then analyze the 1930s Shanghai society situation,why the patriotic Shanghai Lawyers Association to set up a system of miscarriage of justice as amatter of urgency.The third part,that is,the second chapter of this article,focuses on the three practice activities of the torture movement,reflecting the interaction between lawyers,the media and the government.First of all,lawyers to protect human rights and promote the development of the law actively with the media negotiations,guide,compete for the right to speak,get the public support;the media should be the lawyers of the system of voluntary compensation for the widely publicized,trying to attract the attention of the government and the public,To the extent of trying to eliminate the concerns of the government.On the part of the government,the interaction between lawyers and the government is an important part of the campaign from the preparations for the motion,which requires the government to negotiate with the government several times.Secondly,the practice of the miscarriage of justice has also manifested the important role played by the Chinese Bar Association as a lawyer group in expressing the lawyer's assertion,carrying out promotional activities and negotiating with the government.Although the exercise of the miscarriage of justice has only held three times,failed to achieve the ultimate goal,but it expanded the impact of the system of miscarriage of justice,in fact,to speed up the immigration compensation system transplant and localization process.The fourth part,the third chapter of the paper,analyzes the response and cognition of the social parties to the compensation for miscarriage of justice.Many of the mass media in the "declaration" and other mainstream media under the influence of openly express their own compensation for the system of miscarriage of justice advocacy;government officials are based on the national government at the present stage of the legal system construction of the understanding,advocates vary;lawyers and judges People on the system to further elaborate,in the wrongfulness of the crime of injustice,the definition of miscarriage of justice and other provisions of the system of torture and follow the problem on the issue of express their views,the formation of a small academic dispute,to speed up the process of immigration compensation system transplant.The fifth part is the conclusion of the paper,summarize and refine the content from three dimensions.First of all,starting from the relationship between the system of miscarriage of justice and politics,this paper explores the role of the political factors in the transplant route of the miscarriage of justice,and then combs the transplanting of the system of miscarriage of justice,taking into account the dynamic evolution of the various parts of the system and the social And finally,the summary of the law on the issue of compensation for miscarriage of justice and the existence of conflict in the law.