Font Size: a A A

The Study On Perfecting The Criminal Victims' Salvation System In China

Posted on:2008-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y H YangFull Text:PDF
GTID:2166360242459205Subject:Law
Abstract/Summary:PDF Full Text Request
The research of victims came into being in the 1930-1940's, and it prevailed in the 1970's. Though this research got off to a late start in China, the problems of victims have aroused more and more concern, and especially, the voice of making laws for victims'salvation is running high increasingly. Compensating the victims is an effective way to help them,and a perfect victim's salvation system should help the victims in an all-round way, including the material salvation, medical salvation, legal salvation, spiritual salvation and so on.The first part of the article is the summary about victims'problems. It clarifies the concept of victim, analyses the features, agony and recovery of the victims, and further indicates the importance of carrying out victims'salvation work in our country by expounding several fundamental problems about the victim.The second part of the article mainly introduces the international and domestic instances of victims'salvation work. A few of the foreign countries, such as USA, England, Canada, Germany, France, and Japan, have very consummate victims'salvation systems and the content of these systems are also very plentiful. All these systems have their own features, and so there is much in their systems that we could make use of. This part also introduces the UN's regulations about victims'salvation. Comparatively, the domestic victims'salvation work is limited and not ideal. Although the regulations about procedural rights in the current law are comparatively sufficient, the guarantee in practice is not enough. Several salvation systems are rather scattered, and the objects received benefits are rather narrow. There is no systematic salvation regulation, and the salvation work is not professional. Now we have been studying victims'salvation work step by step in practice, but it is very difficult to carry out such work effectively because of the shortage of perfect systems and enough funds. This part also analyses the reasons for the defects of the domestic salvation work in detail.The final part of the article discusses the ways to improve our criminal victims'salvation system from the domestic conditions. With learning from other countries'experiences and methods, it proposes a general tentative plan to improve victims'salvation system, which is mainly about salvation principle, salvation range, salvation content, salvation organizations and salvation modes. It expresses the author's personal opinion focusing on establishing state reimbursement system, which is the current popular topic. It expounds the theory basis about establishing state reimbursement system, mainly from jurisprudence, economics and sociology, and discusses the necessity and feasibility, and several key problems that need be solved from practice. Finally, it appeals for more people would pay attention to the victims'salvation problems in order to realize the justice more perfectly.
Keywords/Search Tags:victim, salvation, state reimbursement
PDF Full Text Request
Related items