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On Relief System For Criminal Victim And Its Perfection

Posted on:2009-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:Q H GaoFull Text:PDF
GTID:2166360272490962Subject:Law
Abstract/Summary:PDF Full Text Request
It is a legal problem to all the countries in the world that the public power is used to compensate criminal victim for his loss in the civil rights and interests. And each country has set up the related relief system for criminal victim. The Criminal Law of China also takes the incidental civil system as the main means of for criminal victim. However, the incidental civil action has great confusion in operation as a result of drawbacks of law and the legal thought of "more stress laid on punishment than on administration", etc. There are still many debates, in the theory and practice, on the value of incidental civil action and whether or not it should exist necessarily. Therefore, the thesis starts with the problems of recent incidental civil system, but unlimited to it, summarizes the recent relief system for criminal victim in China and puts forwards some suggestions from the perspective of providing reasonable relief system for victim in order to improve the relief system for criminal victim in China.Except the preface and the conclusion, the thesis is divided into four chapters. Chapter one introduces the history of relief system for criminal victim and the principal patterns adopted by all the countries nowadays, namely, the pattern of priority to incidental civil action, the pattern of independent civil action and the pattern comprising many kinds of relief methods. Chapter two introduces the current laws and regulations on the relief for criminal victim in China and analyzes the drawbacks of law and confusions in practice, which are not enough for protecting the victim. Chapter three makes a conclusion that the pattern and system which takes incidental civil action and judgment at initiative as main method meanwhile with the supplement of independent civil action is the proper relief system for criminal victim in China. Chapter four puts forwards some suggestions on the connection of above three relief methods, i.e. incidental civil action, judgment at initiative and independent civil action, and the problems of relief system for criminal victim and judgment at initiative which need to be perfected.
Keywords/Search Tags:Criminal Victim, Relief System, Incidental Civil Action
PDF Full Text Request
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