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On Criminal Victims Relief System

Posted on:2011-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:C L LiFull Text:PDF
GTID:2166330332979857Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal victim assistance system has Long history.However, both practice and Legislative about victims of the criminal has obvious shortcomings, the criminal neglect of the legitimate interests of victims, the suspect, victim protection and criminal imbalance, does not meet the basic national policy of scientific development concept; adequate legal aid system Victims objective necessity of an urgent, China has also made a range of appropriate pilot relief system for crime victims the principle of a mature theoretical framework and basis in fact. Victims of Crime assistance system, that is, crimes against the state of being which can not by litigation or other means of relief, the victims live in deep trouble and its close relatives, the name of the state through legal procedures to give some financial relief, so that it suffered losses to some extent make up for the system. Its purpose is unable to compensate the victims in the loss of the offender, the State aid given to victims the right to correct damaged justice, heal the victims of psychological imbalance, to restore equality with the other members of the society's economic and social status. The system is established to protect the legitimate rights and interests of victims of great significance. This paper from the state help for victim's point of system construction, in-depth analysis of the criminal status of the victim assistance system and comparative analysis of foreign criminal victim assistance system based on the combination of China's national conditions, local construction of the system put forward their own ideas. Main thesis is divided into five chapters. The first chapter is the theory of criminal victim assistance as defined in the article from the criminal history of victims of state aid back to start, briefly introduced the system of help for victim theory and practice of the historical process of profound state help for victim described the connotation, the victims of criminal state aid, state compensation, state compensation, the concept of a civil compensation discrimination; explores the background of building a harmonious society, the criminal victim assistance system of the legal and social values. Chapterâ…¡for foreign extraterritorial criminal victim assistance system inspection. By the United States, Britain, Germany and other countries the system of help for victim status of legislation and practice are introduced and investigated, based on the idea of drawing on foreign assistance system give the criminal the victim review and evaluation, in order to build the system in China perfect inspiration. The third chapter is the theory of criminal victim assistance foundation, introducing the world's five theories of criminal victims on the basis of state aid, the author illustrates his theory point of view. Chapter IV for our state help for victim status and problems. This section focuses on the criminal law of the current legislative status of the victim assistance system, review system design flaws, objective and comprehensive help for victim of the practice of state were introduced, to build a system to provide relief to victims of China's experience in security. Chapter.V Criminal Victims Relief System. Focus for the thesis of this chapter. The author from the inevitable requirement to protect human rights, the practical needs of building a harmonious society and implementing the basic requirements of criminal policy, summed up in three areas for crime victims in our country need assistance system. Further elaborated system of state aid for crime victims should follow the seven principles. Construction of China's system of criminal victim assistance system, can learn the advanced mode of Western countries, taking into account local characteristics of the localization of Chinese construction. Legislation and judicial practice in the areas on the basis of experience gained unified legislation. Specific architecture:State aid for the victims of the basic principles to be followed, institutional location, patterns of legislation, the object and scope of assistance, relief conditions and exceptions, the way rescue, relief and management of the sources of funds, the decision aid agencies, rescue procedures, etc. for the specific design, create with Chinese characteristics, the system of help for victim to eventually solve the difficult problem of Victim Assistance.
Keywords/Search Tags:Crime Victims, National Relief System, Criminal Policy, Assistance fee
PDF Full Text Request
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