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Study On National Compensation Of Criminal Victims

Posted on:2010-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:B R LiFull Text:PDF
GTID:2166360275482296Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The system of national compensation of criminal victims means that crime victims and their close relatives suffer a major personal injury, death or serious mental damage because of criminal acts. But they can not be obtain compensation or compensation for a serious shortage through legal proceedings and they have difficulties in life,so state organs give them appropriate by the specific statutory procedures.The system of national compensation of criminal victims's main body is the state.It is a system when criminal compensation can not play a role or crim-inal compensation is shortage ,it play a complementary role with welfare.It's s-cope of compensation not only includes the material losses of victims of com-pensation also includes compensation for the damage, severe mental disorder.It's compensation forms is cash compensation and state funding should be includ-ed in the budget.The system of national compensation of criminal victims's val-ue is the realization of fairness and justice, the protection of human rights and the implementation of the rule of law.This system's legal basis is mainly theresponsibility of that country,the social welfare can be either a provident and the idea of social justice.The civil law and the common law legal systems'smany countries and regions have established a national compensation system for victims of criminal.Our country should establish a legislative model.This legislati-ve model is first make principle provision in the Code of Criminal Proced-ure,then make single National Criminal Victims Compensation Law.Our country has yet not mature national criminal victims compensation sys-tem.Our country has the establishment of the macro-conditions in the legal co-nditions, economic conditions, of the theory and the judicial conditions.Our cou-ntry should constructe this system in principle of compensation, compensation object,scope of compensation,compensation standard and so on. This system canmake the full protection of the rights of the victims more perfect and it can al-so make our countey's legal system more completely.
Keywords/Search Tags:Criminal Victims, National Compensation, System, Constructe
PDF Full Text Request
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