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Improvement Of The Criminal Compensation System

Posted on:2011-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:H Y LiFull Text:PDF
GTID:2166360302497694Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Protection of Human Rights, to promote social harmony, through the system of the right to achieve sustainable social development, stability, China's legal system is the primary objective. Criminal compensation for the protection of human rights is an important part of the personal and property rights protection system, the most part of the building of the most direct reflection of citizens' personal and property rights protection. "National Compensation Act" is in the context of administrative law developed, protection of the rights in the practical needs of today, has the right to protection can not meet today's needs is imperative to re-amend. This article of the criminal compensation in the development of the sort out and further elaborated on China's rights protection, and the Criminal Compensation for development, and to make appropriate recommendations for improvement.This article is divided into four parts. The first part of the China's current development of the criminal compensation system to sort out. First is the concept of criminal compensation were introduced and summarized the three reasons of criminal compensation, and state the relationship between compensation and criminal compensation drew a distinction. Next was the generalized analysis the question which criminal activity compensation development course and faced, to created these problems the reason to carry on the induction, and analyzed affects our country criminal activity compensation development some factors.Part 2 of the major analytical rights and the rule of law development of our criminal compensation. First, the analysis of the rights of our legal system development and changes in the personal rights, property rights in the new era of change, and the Criminal Compensation Law.Next is legal consummations and the development and so on our country constitution, administrative law, civil law to our country criminal activity compensation influence, unfolds our country criminal activity compensation system and the entire legal system and the social progress difficult coordination grasps the tendency which our country criminal activity compensation system will future develop. Part 3 of the analysis of the foreign criminal compensation for development of China's experiences. Analysis of civil law and common law development characteristics of the criminal compensation, respectively, Germany, France and Britain, the United States as Dai Biaozuo discourse, and its criminal compensation can be given to the development of our country can learn from the experiences and lessons learned are summarized.Article 4 of the Criminal Compensation improvement measures. Based on our current problems of the criminal compensation, the change from criminal liability, personal, property rights, the expansion of the contents of the compensation mechanism of reconstruction and the establishment of criminal compensation feedback system, the author discusses how to improve our system of criminal compensation, in order to meet the development needs of our society, and thus the greatest degree of protection for the rights of citizens.
Keywords/Search Tags:Criminal Compensation, Compensation responsibility, Mental Compensation, Compensation mechanism
PDF Full Text Request
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