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Theory Of Country's Compensation For Criminal Victim

Posted on:2008-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2166360215964015Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The victim had sustained losses of body, property, even spirit in the most criminal cases. These victims should be given suitable reparation to make up their losses, but in the actual judicial practice, the criminals'economic capability especially the criminals of violent crime and the property crime are common insufficient. So when the People's court carry out civil court decision, they may don't hold out the victim's demands or sentence to give a reparation to the victim emblematic. Because they may think of the criminal's economic sometimes. Even the People's court support the victim's remand of the reparation, it is very difficult to be carried out effectively. This is very unfair for the victim. A lot of criminal victims become very poor in economy and fagged very much in spirit because of suffering commit a crime encroachment. In such circumstances, society ought to be concerned with them both in the field of matter and spirit, but it makes us disappointing that both the science of law theory boundary and actual judicial practice care for defendant more than the criminal victim. This ample vulnerable group are forgot by the scholar and the judiciary. The balance of right to be protected between the criminal victim and defendant grave unbalance. This is to go against the grand goal of structuring harmonious society that is suggested by the Central Committee of the Party. It also affect society's tremendously stable and harmonious, and the cause to build socialism with Chinese characteristics proceeding smoothly. So, in order to solve the problem, we should actively adopt all the measures to protect the victim's right reliable and sufficient. It is an effective approach to build the country's compensation for criminal victim. The country gives them compensation when the victim can't gain the reparation from other methods. Now a lot of countries of world had build up the country's compensation for criminal victim already. It provides valuable experience for our country to build up this system. Our country has satisfied various main conditions to build up this system already. It is more important that it will be beneficial for all the victims who are poor and satisfy their aspiration of fairness and justice. It will let the balance of right to be restored balance between the criminal victim and defendant. This article will expound how to union our national condition to build up our country's compensation for criminal victim what has Chinese characteristics priority. I hope it will contribute strength for our country to build up this system.
Keywords/Search Tags:criminal victim, country compensation, system, justice
PDF Full Text Request
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