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Study On The State Criminal Victim Compensation System

Posted on:2009-03-13Degree:DoctorType:Dissertation
Country:ChinaCandidate:X Q LuFull Text:PDF
GTID:1116360272983857Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Currently,our country is on a stage of social reform.This time is a process of turning valuation,rebuilding order and regenerating civilization, so the rule of law will also get the brand of this age.The State Criminal Victim Compensation System refers to a system that the State compensates the criminal victim or his/her family members, who were violated by the crime but did not obtain full compensation from the criminal or other ways,through certain legal proceedings.This paper bases on the ideal and passion to promote a State Criminal Victim Compensation System in China,and finally form certain native legislation.By researching the regularities of laws in the social reforming period,the author tries to analyze the vast panorama of the system from the following seven aspects:Chapterâ… ,the historical evolution of the State Criminal Victim Compensation System.This part divides into three periods,namely they are the primitive society,the middle ages and the modem society.The connection draws the outline of the development of the system,both in practice and in the theory.From the legal cultural angle of view,it also discusses the difference of the State Criminal Victim Compensation between China and the West.Chapterâ…¡,the theories and the valuations of the State Criminal Victim Compensation System.On the basis of introducing and explaining many theories of the State Criminal Victim Compensation System,the author presents a proposal:"With the State responsibility as the main body,supplemented by the social insurance ".He also uses the theory as the foundation of the system.After distinguishing the value of law and the function of law,the author analyzes the value of the State Criminal Victim Compensation System:the restoration of justice,the protection of human rights and the enhancement of benefit.Chapterâ…¢,the inspection of legislation on the State Criminal Victim Compensation System.In this part,the author uses the comparative method to compare the foreign laws in this field.Meanwhile,he sets forth the criminal victim compensation systems in Hong Kong and Taiwan,and focuses on the last progress of this system in international and regional scope.Chapterâ…£,the constitutional foundation of the State Criminal Victim Compensation System.Starting with the nature,function and force of the constitution principle and based on the total types of State Compensation prescribed by the Constitution,the author finds the constitutional foundation of the State Criminal Victim Compensation System:the principles on respect and protection of human rights,social security,rule of law.Chapterâ…¤,the economic analysis of the State Criminal Victim Compensation System.This part is one of the hard cores.During this part, the author utilizes the principles of the system economic to anatomize the structure of the cost and income for vicissitude about the State Compensation System.Then he entirely and deeply analyzes the cost and income of the system.Chapterâ…¥,the legislation of the State Criminal Victim Compensation System.This part is another hard core.The author suggests the idea and basic principles to build a State Criminal Victim Compensation System in China,and offers a method for the legislature.At last,he discusses the issue of how to value the legislation of the State Criminal Victim Compensation System.Chapterâ…¦,the relative problems about the State Criminal Victim Compensation System.The author investigates three problems which nearly interrelated to this system:first,the State Compensation and the State Criminal Compensation;second,the Criminal Compensation and the Incidental Civil Action;third,the Restorative Justice and the Criminal Damages.
Keywords/Search Tags:Victims of Crime, State Compensation, System Constructing
PDF Full Text Request
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