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Build On Criminal Victims' Compensation System

Posted on:2009-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:H AnFull Text:PDF
GTID:2206360272455981Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Along with the development of theory of human rights, safeguarding the victims' human rights becomes the hot issue both in practice and in theory. The system of national compensation for criminal victims is a necessary measure based on the protection of the victims' rights and interests, taking the protection of the right to existence and development of the victim as basic purpose, to harmonize the relationship between the offenders and the victims, the victims and the state, by way of national compensation. Now, in many foreign countries, the system has been widely established . as a positive advocator for human rights protection, China should make an effort to accord with the general standard of international human rights protection. Because there is no relative legislation in Chinese history, the theory in this regard is so much deficient . At present, the relatively systemic research articles cannot be seen in public documents. I will try my best to make a systemic analyze and research on this thesis, hoping to make some benefits to the legislation.This paper has three major characteristics. First of all, through the analysis of the distinction between Criminal Victims Compensation System and other related systems, we can clearly define the definition of this system. And using historical and practical perspective to introduce the criminal compensation system for victims of foreign countries, this provides a foundation of historical and realistic platform. Secondly, through analyzing of the discrimination about theories on national criminal victims compensation system, I absorb its reasonable parts, and put forward the theory of protection of human rights, equality and justice. And Connecting with China's reality, I demonstrate the necessity and feasibility about building this system. Finally, using a lot of words, I put forward specific ideas about criminal victims' compensation system. In process of designing specific systems, foreign practice, theoretical basis, the reality, judicial practice, and other factors are considered. This is the focus of this paper and this is also the greatest characteristics.
Keywords/Search Tags:criminal victims, national compensation system, safeguarding the human tights, construction
PDF Full Text Request
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