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Criminal Victims,

Posted on:2009-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:D D WeiFull Text:PDF
GTID:2206360248450668Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The phenomenon of crime always accompanies victimizing phenomenon. Most people think that a victim, who is always passive ,is found innocent in the process of the offending to the victimization. However, in actual fact, any crimes are the outcome caused by the cooperation of the offending and the victimizing. In the crime with victims, victims are not complete helpless at less in certain crime. The victims themselves existcertain common characteristics------victimity, which play a big role inoccurrence of criminal acts, decisive role. The paper contains 5 parts.In the first part, introduction. First, the importance of analysis of victims are introduced, including contributing to a comprehensive understanding of the process of the criminal occurrence, to deepening our understanding of guilt and duty and achieving a fair trial, to improving countermeasures system of the prevention of the crime (victims) ,and to changing the political criminal law to the civil criminal law. Second, analysis of the recent shortcomings of victims research in our country. Finally, a brief introduction of the research methods in the paper.In the second part, the concept of criminal victims and Classification. On one hand, the concept of criminal victims ;on the other hand, analyses of the four classification model of the victims. In this paper, the study dose not include victims of the opportunities.In the third part, victimity of the criminal victims. First, defining the concept of the victims; Secondly, introducing the main feature of victimity. Third, comparative study on the concept of victimity and its related concepts. Finally, the classification of the victims. victimity is divided into "static" and "dynamic" victimity and define the content of each nature with statistical data and what each one works in the criminal process .In the fourth part, the interactive mode of Victims. This part introduces four interactive modes involved with the availability of victims mode, the conflict mode, Victims promoting model and the Stockholm model.In the fifth part, victimity and perpetrators of criminal responsibility. First, introducing the theoretical basis and realistic basis of an impact which victims make on criminals, including the crime of reasons - interactive theory, the expected possibility of theory, the purpose theory of penalties, and function and responsibility theory.Second, pointing out some legislative and judicial shortcomings. Finally, giving some legislative proposals.In the sixth Part, victimity and victimization prevention. The part mainly introduces that weakening, the elimination of victimity can prevent victims from victimized, and ultimately achieve the purpose of crime prevention. First, when a nation become a victim, the because of its particularity it has been being a constant victim in all crime from a macro level. However, from the micro-level a nation is a victim of specific crimes such as insulting national flag, national emblem. Therefore, a nation need take corresponding measures to preventing itself from victimized (macro level) as well as Units and individuals (at the micro level). Concrete measures are as follows: firstly, promote our society comprehensive, coordinated and sustainable development; secondly, develop more effective publicity and education activities, update the traditional concepts, change theories errors of prevention; thirdly, improve policies, laws and regulations; fourthly, give victims care and assistance. Second, when an unit becomes a victim, concrete measures are as follows : firstly, set out strong awareness of prevention and a high sense of and responsibility; secondly, strengthen financial management system; thirdly, Establish accountability. Finally, when individuals becomes victims, concrete measures are as follows: firstly, judge the situation correctly and actively build awareness of prevention; secondly, Weaken "static" of individuals and overcome negative factors and conditions; thirdly, eliminate and weaken the "dynamic" victimity; fourthly, after victimized ,mind the mind the adjustment of sub health.
Keywords/Search Tags:interaction, victim, victimity, victimization prevention
PDF Full Text Request
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