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Victims Of Crime Compensation System Concept

Posted on:2006-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:P PeiFull Text:PDF
GTID:2206360155466640Subject:Law
Abstract/Summary:PDF Full Text Request
As criminal victim can't obtain compensation in reality from criminal,some compensation should be given to the victim by other ways.National compensation system for criminal victim is one of the ways to enable compensation for victim-National compensation system for criminal victim is a system by which criminal victim and their families who have been injured but received no proper compensation will be compensated in material by the nation through law procedure .In order to maintain lawful right of criminal victim,the nation compensating the victim who can't obtain compensation from criminal is a great case which should be done to protect human rights in modern country with rule by law,an important sign of modern civilization,and a meaning which should be hold in the meaning of "righteousness".This kind of system has been universally used in other countries and it continues developing with flourishing situation, while in our country, the system still stays at a weak link.Until now we have no National compensation system for criminal victim.Therefore, with establishment of national compensation system for criminal victim in other countries,it is necessary for us to establish Nationl compensation system for criminal victim with Chinese characteristics to bring lawful atmosphere for protecting the victim's rights and to promote construction for our country with rule by law, on the basis of drawing on the experience of other countries in law-making and judicature,considering our national conditions.Above all ,in this article ,histroy of national compensation system for criminal victim is approached,comparing the systems of relative counties in detail from four aspects and summing up common character and special charater of systems of other countries. We obtain useful experience for us to make our law.Then,the necessity and feasibility of establishing National compensation system for criminal victim are illustrated with our national condition considered.Meanwhile,urgency and inevitability for establishing the system are also illustrated. Finally,theoretical basis of establishing National compensation system for criminal victim are illutrated theoretically,with listing five points in theory field and with emphasis on the theory of National response, which is approved by me.On the basis of illustrating practical conditions of our country and theoretical basis, the idea of law-making of establishing national compensation system for criminal victim in our country is illustrated emphatically.At first principles of establishing law of national compensation for criminal victim are conceived. With listing in detail ten principles proposed in theoretical works,and on the basis of comparing and evaluating these principles,three principles are proposed in the article:fair and righteousness,property between the degree of compesation and the degree of damage,and seeking truth from the fact. With guide of essential principles,contents of establishing National compensation system for criminal victim in seven aspects,are illustrated in the article.The contents include purpose and task of compensation,object of compensation ,basis rules of compensation.scope and amount of compensation,department and procedure of compensation,sourse of compesation and form of compensation.According to tradition of judicature and practice in judicature in our country.Law of national compensation for criminal victim is approved to be made,with entity content and detailed contents on procedure included in them.
Keywords/Search Tags:criminal victim, national compensation, idea
PDF Full Text Request
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