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On The Victim Of The Criminal Law And Construction Of The Victimology

Posted on:2012-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:F F HuFull Text:PDF
GTID:2166330335957317Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Victimology, as a new subject, whether it is investigated from the theoretical level, or in the practical operation, is faced with huge challenges. Victim, as a basis and the core part of the victimology, is specially part of the academic focus of the discussion. Today, most research in this area is about the protection of procedural rights of victims and victim compensation and other issues. However, the current research is always with respect with the Criminal Procedure Law, and less involved in criminal thinking. In my point of view, if we can find a suitable point of criminal law, and look into the victim's rights and relevant content, we can get recognition and specification of the victim in the substantive law area in the. These will not only exend the vision of Victimology research, but also build more solid foundation.for related systems of victimology.This thesis is just in the overall grasp of the existing criminal law, and analyse of the basic contents of victimology, using the association between victimology and criminal law as a starting point to illustrate the victim factors in the criminal law. By reaffirming some useful defination, attempting to structure a bridge between victimology and the criminal law and benefit the further development of the victimology. This article is divided into five chapters:Chapter I, the basic theory of the victimology. Mainly on the basic concept of the victim, the general analysis of victimology and classification of criminal victims and then discuss special issues of victims. After those analyses, we can do the further study.Chapter II, the victims'elements are in foreign criminal law. Focus on the European Criminal Code, study the relevant provisions of the Victim, mainly with the more closely perspective of the connection between victims and the criminal law, and analyse of the factors of victim affecting conviction and sentencing.Basicly, from the respect of the responsibility of the victim, victim is trying to find out the role in the criminal law, such as victim consent.Chapter III, Elements of the victim are in current criminal substantive law. The victim in Criminal law and criminal law interpretation is primarily concerned. Analyse the point of view is still the in the responsibility of victims, tending to summarize the victim'right in the criminal law.Chapter IV, the victim's protections are in the criminal law. Focus on Analysis of protection of victims in the criminal law, including the most important theoretical exploration, compensation to victims.Chapter V, study on the victims of criminal law impacts on the victimology. Through the above analysis, the author will conclude his own opinion of the development and construction of the victimology.Of couse, in this part of, the thinking is not mature, and the whole analysis is just a framework.
Keywords/Search Tags:victim, victimology, the Criminal Law
PDF Full Text Request
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