Study On The Problems Of Death Penalty Case To Civil Compensation

Death penalty cases of civil compensation is people's court in accordance with the provisions by law, Effective and timely maximum protection of the lawful rights and interests of the parties an important legal system. It is the important component of people's courts shall exercise judicial power, it also safeguard judicial authority, the important means of Using the judicial. If in the case stage, People pay more attention to the words of the judicial justice, then in compensation, the people's court is more concerned whether can actually protect the interest of the victims. Death penalty cases of civil compensation in the provisions of the law is an important link of death penalty the judicial process, Its effect directly relates to the implementation of the rule of law as a fundamental principle, A fair, efficient and authoritative socialist judicial system establishment, The vital interests of the people and the realization of a harmonious society and fair justice. Because of that, Social concerned, People expected to do that, The people's court must attach great importance to the death penalty cases of civil compensation work, Earnestly perform their functions and duties according to law.This paper captures the current civil compensation for death penalty cases in the work of the hot spots, difficulties, Discusses the death penalty cases in recent years on the court the economic compensation, The victim request and the parties economic relief and such key problems, The empirical analysis and the method of combining the legal analysis, As with case, Summing up experience and The standard for future related cases execution, break new problems and The new situation to provide the beneficial reference, It is instructive. This paper not only the legislation indicated the death penalty cases of civil compensation standard shall be clear, And from the perspective of further clarify the legal principle of compensation contains, More from the Angle of national compensation for death penalty cases of civil compensation law and policy formulation perfect puts forward positive Suggestions. This paper writing, Hope to contribute to the judge to learn it, Push the court death penalty case work to ascend to the higher level, Help to court the death penalty of social work real understanding, Promote social work to court the death penalty more support, Help legislation departments to provide useful material, Promoting state death penalty legislation to be more perfect.The first part of this paper mainly expounds the death penalty cases of the basic theory of civil compensation, defined For death penalty case of civil compensation alone, And to sum up the legal characteristics. Analysis From the legal to civil compensation in the death penalty cases in the role. The second part is a overview of death penalty case outside the incidental civil compensation system, Described in Anglo-American law system respectively British and American criminal and attached civil system, Germany of Continental law system, France and Japan and other countries of the criminal and attached civil compensation system in China and Hong Kong and Taiwan regions of the special criminal and attached civil law system of regulations. to see different provisions From these countries and regions, Criminal and attached civil compensation for death penalty cases in the civil compensation have certain influence to sentencing , This is the concept of restorative justice modern legal under the guidance of the legislation. the third part is civil compensation and the applicable death penalty, analysis the influence of civil compensation for sentencing From the civil compensation and applicable death penalty on the relationship between them, And this kind of influence in fact is to the death penalty system development to promote well. The fourth part about the death penalty cases state compensation, the problem is the death penalty system in one of the system is particularly important, But our country for compensation had not been clear in law at present, is blank. But the national compensation for the development of the system of the death penalty is undoubtedly key institutional factors, so we should be in the existing civil compensation system, establish national compensation system, Perfect our death compensation standard. The fifth part puts forward specific improvement Suggestions of death penalty case civil compensation system, From the legislation, Judicial Angle of the death penalty to establish civil compensation, To put forward the suitable problem of science life imprisonment, Strengthening coordination, Regulate content for compensation, establish a national compensation system.The development of the system of the death penalty to motorists, The author hope the judge firmly grasp the service, For the people judicial guiding ideology, Always adhere to the people's the judge for people's work purposes, Keep pace with The Times, In death work of increase for the people, More to protected charge, Strategy of innovation for more, Think more to effect, Improve legislation, Standardize judicial, Scientific estimates, opening up new death penalty situation...