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Criminal Victims Of Economic Claim

Posted on:2009-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:R H CongFull Text:PDF
GTID:2206360272472042Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of criminal victimology, research of victims' rights protection, especially of economical interests, has been paid more and more attentions. 'Victims' rights protection' means criminal victims can obtain economical restitution, compensation or assistance through a statutory channel. The main criminal victims' economical interest protection system in China is called 'Civil Suit Collateral to Criminal Proceedings (CSCCP)' . However, there are many fatal lacks in the CSCCP system whatever according to its systematization or operability. At first, there are many different controversies about the scope of case accepting and compensating, and mind compensation. Secondly, the economical rights of criminal victims can't be realized effectively even if a compensation judgement has been given by a court in cases that the offenders would not like to compensate (hiding or transferring properties intentionally), have no capacity to compensate, or the criminal case is not cracked and there is no indemnitor.It was indicated definitely that offenders or third parties who are responsible for their behaviors should make a fair restitution to victims, the victim's family or dependants according to their criminal damage, in the 'Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power' issued by United Nations in 1985. There are many successful systems about ensuring the criminal victim's economical rights to be repaid in many countries in the world. For instance, victim's economical right can be ensured through incidental civil litigation besides compensation-orders in U. K and USA. Criminal Civil Incidental litigation system is adopted in France. In Germany, victim-Offender Reconciliation is widely used to solve the compensation affairs in recent years. At the same time, it has been the worldwide tendency to set up a state compensation system to protect the economical rights of criminal victims. Rules in the international declaration document and the above Legislation examples can be used as an active reference to construct our Chinese legal system to protect economical rights of criminal victims.It is an urgent and realistic problem to ensure the economical rights of criminal victims being realized effectively in China. We should construct our economical compensation-system of criminal victims according to Chinese current legal environment and realities. At first, the CSCCP system should be consummated by enlarging the scope of case accepting and compensating, giving a choosing rights to victims, defining the evidence rule of criminal civil incidental litigation, and so on. Secondly, victim-Offender Reconciliation system around victim's interests protection should be constructed to balance interests of victims, offenders, and society in slight criminal cases. At last, National Compensation System should be constituted by the legislation of 'Criminal Victims State Compensation Law' . Consequently, it helps victims who are not compensated by the offender recovering from victimizations as much as possible.
Keywords/Search Tags:criminal victims, economic interest protection, criminal civil incidental litigation, Victim-Offender Reconciliation, state compensation
PDF Full Text Request
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