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Through Case Studies Of Judicial Relief System Victims

Posted on:2012-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y ZhangFull Text:PDF
GTID:2166330335470309Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Currently, victims in the criminal way by the compensation for the incidental civil action, that is, through criminal with civil litigation, criminal defendants to obtain compensation. But in reality, the criminal victims compensation through this means the probability is very low. When unable to obtain compensation from the criminal defendant, the criminal legal rights of victims will be violated. Other countries in the world, they address this situation, the establishment of judicial relief system of criminal victims. Crime victims and their relatives when the defendant can not obtain compensation, you can apply to the relevant departments of Justice Crime Victims Relief Fund, to compensate for the damage to their own. New Zealand. United Kingdom. The United States and other countries, and Asia's Japan and other countries have established a system of judicial relief Victim of this system is very good to make up for the lack of incidental civil action, is a solution to the legal rights of criminal victims an effective way. In order to protect the legitimate interests of victims in criminal and legal systems and standards around the world, China is also necessary judicial relief system for crime victims, and to be perfect. The case of intentional injury article Liu Xiangyang start Introduction by the case, the court ruling and implementation process, leads to the focus of dispute in this case, and then focus on the controversial legal case analysis, the system for crime victims the collective idea of judicial relief.Article is divided into three parts:Part I:Introduction Liu Xiangyang whole process of intentional injury case, court verdict and court enforcement through. This section focuses on paving the way for full-text. Through this section, there is controversy leads to the focus of the case, that is, when criminal defendants unable to compensation, whether the State should provide judicial remedies for criminal victims. Also pointed out the existence of the current lack of criminal status of victims of judicial relief. Part II:focus on the controversial case analysis of the legal issues raised. This part of the victim through the criminal of the present realization of the right to compensation, pointing out that criminal victims compensation for the adverse consequences of lack of proposed system for crime victims the need for judicial relief.Part III:Justice for crime victims put forward specific ideas relief system. Specific judicial relief for crime victims, including implementation of the system bodies. funding sources. relief objects and conditions. judicial relief and duration of the review. Victims of relief against the review decision procedures as well as national subrogation and recovery of funds.
Keywords/Search Tags:Judicial relief, Relief Fund, Judicial relief system, idea
PDF Full Text Request
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