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Some Issues Of The Judicial Compensation System Under The Vision Of Human Rights

Posted on:2007-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:J Z ChenFull Text:PDF
GTID:2166360218450872Subject:Law
Abstract/Summary:PDF Full Text Request
The application of "Compensation Law Of China"indicates the transformation of our government from the "power"to the "responsibility", which is an event in the course of nomocracy in China. Human Rights is brought .into the Fourth Amendments Of The Constitute , which will take more advantaged protection to the Human Rights inluding the right of compensation from the country. The system of the compensation from the country should embody the main idea of control , criterion of the power of country, respect and protection of Human Rights. The "Compensation Law Of China" has been appliated for eleven years, during these time we conclude that the problems from the compensation from administration are much more serious than that from judicature, which contain the dimness of the principle of responsibility, the narrowness of the range of compensation, the smoothlessness of the procedure. As a result, the compensation from judicature should be amended and perfected on the basis of full protection of Human Rights .Also , the establishment of the procedure should favor the resumption of right in time from the victims. According to the three questions above, the author analysizes the actuality and limitation of the system of compensation from judicature,then puts forward three ideas. Firstly, we should take the principle of no fault on the compensation from judicature; secondly, the recognization of transgression and the procedure of compensation should be combinated, thirdly, cases of compensation from judicature should be transformed into the procedure of litigation. We hope to reach the bank of human respect, harmonious society and the efficient application of the Compensation Law from those amendment.
Keywords/Search Tags:compensation from judicature, protection of Human Rights, principle of responsibility, range of compensation, procedure of compensation
PDF Full Text Request
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