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The Research On The Crime Victims' Human Right System

Posted on:2012-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z WangFull Text:PDF
GTID:2216330338463994Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Human Rights in the moment as a concept of universal significance, in terms of the main human rights perspective or from the content of human rights are all jurists, political scientists and legal practitioners widely off, theoretical research has made great achievements. However, the value of human rights protection system in specific areas under study also very open space, and protect the rights of a particular subject, specific rights are all set up and improve the depth of human rights theory in the development process had to face. Crime Victims in the present study is a "sensitive" topics, the value of the rights of Crime Victims and the system is perfect to set a certain extent, still remain in the surface level. Therefore, the value of the framework of human rights, victims of this special group of criminal legal status, rights system, security mechanism to establish a basic structure, is the primary task of this paper.The first part of the body of the victim described the right to participate in criminal, which means their interests may be subject to criminal judgments or actions affect the outcome of the subject, there should be full and meaningful opportunity involved in the production process of the criminal judge, and judge the results of the formation of the impact and to play its role effectively. Also discussed international norms on the right to participate and the extraterritorial provisions of relevant practices, and finally proposes the right to improve the Victim of the proposal;The second part of a criminal infringement of the victims, the second violation is a criminal victims suffering caused by crime in the first against violations, due to privacy or to describe the victims of the victims by the processes of social discrimination, neglect and criminal proceedings because of improper judicial behavior suffered emotional harm. Then i introduce the relevant provisions of international norms and the extra-territorial approach, concludes with a complete violation of victims from the recommendations of the second;The third part of the right of criminal victim received assistance, I believe that victims should have legal assistance and social assistance, two major parts. Legal aid, is in need of professional legal help citizens who are unable to pay the income from income or less to help their case in order to safeguard their legitimate rights and interests of the legal protection system. The Victims of Crime refers to the social organization of social assistance and social members of victims of crime by criminal acts of infringement, based on the need for victims to provide financial, medical, counseling and other services and support to help victims regain live in a society activities.The fourth section describes the victim's right to compensation, is also a criminal offense against the civil rights and interests of victims in criminal cases, by the same time as the subject of tort liability and criminal defendants should bear the responsibility of the other subjects of tort, on the same time as a civil claim for compensation of victims and the criminal law have the right to civil claims and other civil entities, in accordance with the norms of civil law for compensation.Part V describes the victim's right to compensation, is the victim, including the direct victims and indirect victims of a range of [the victim's spouse, parents (adoptive parents), children (including fetuses), etc., the failure to obtain or difficult to obtain the case of compensation by the state or local government has the administrative sovereignty of social relief organizations, institutions or law-based compensation obligation to pay the victims of criminal or other legal rights of people a certain amount of compensation in the form of a criminal offense to make up for by its stricken economic losses.The concept of these rights by the international standards required of those rights and the relevant practice of extraterritorial analysis to improve the rights of criminal victims, to victims of architecture from the protection of the rights of the criminal system.
Keywords/Search Tags:Crime Victims, Right System, right to reparation, Right to compensation
PDF Full Text Request
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