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Criminal Compensation To A Number Of Issues

Posted on:2009-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:Q P CaiFull Text:PDF
GTID:2206360272959423Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal compensation, also called criminal judicial compensation or compensation for misjudged cases, refers to the compensation paid by the state when a judiciary or members of its personnel infringe on the lawful rights and interests of a citizen, legal person or other organization in exercising functions and powers. Criminal compensation is an important part of state compensation, it guarantees human rights and restricts judicial rights.Chinese criminal compensation system was first stipulated principally in Constitution, then put into Law of State Compensation. Law of State Compensation stipulates definitely criminal compensation system, which realizes Article 41 of Constitution. But as the main content of Chinese first Law of State Compensation, criminal compensation system was restricted by the objective conditions and subjective understanding elements of the past, it existed many imperfections. The implement of criminal compensation system was not satisfactory, which didn't realize its legislation intent and didn't become the system to achieve the fundamental rights of citizens stipulated by Constitution and citizens injured by the misjudged cases cannot get proper right relief.Therefore, it is essential to attach much importance to legislatively modify Chinese criminal compensation system, that is to establish multiple liability principle of criminal compensation, broaden the scope of criminal compensation, raise the standard of criminal compensation and perfect the procedure of criminal compensation.Part 1 and part 2 of the paper start from the origin and development, theory foundation of criminal compensation system. The criminal compensation system can only exist and develop in the democratic society where the state power performs controllably and the right sense of citizens rises. It is also based on the theory that state sovereign belongs to the people and the state power performs restrictively.Part 3 of the paper compares the criminal compensation system of other countries, analyses the characteristics and content of them so as to learn advantage from them.Part 4 of the paper focuses on the defects of Chinese criminal compensation system, analyses the great problems of the current criminal compensation system, such as the liability principle is not identified, the scope of criminal compensation is too narrow, the standard of criminal compensation is too low and the procedure of criminal compensation is unreasonable.Part 5 of the paper takes the defects of Chinese current criminal compensation system as the breakthrough point. Based on the current situation of China and by referring to the successful implementation of criminal compensation system in other countries, the author tried to make some attempt on the development and perfection of criminal compensation system in China.
Keywords/Search Tags:criminal compensation, liability principle, scope of criminal compensation, standard of criminal compensation, procedure of criminal compensation
PDF Full Text Request
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