| Since the 1980s, the law area has begun to have an earnest attention in compensation for life, but nowadays, whether the compensation for life in criminal judicial practice price still alive. If so, what kind of way and the channel in compensation for life accesses to criminal judicial process? All of these problems are still not be stated thoroughly by scholars in China. Last year, form July to August, Dan, who is professor in Qinghai university for nationalities in law school, and the author have a deeply research for six weeks in Tibetan autonomous prefecture of Qinghai province about compensation for life. Based on this research, the author comprehensively survey the current Qinghai Tibetan problems of compensation for life in criminal judicial practice, and discover that in practice, compensation for life in Qinghai Tibetan still exists in judicial practice, which even affect the final result judge.For providing the theoretical research about compensate life and a new perspective, for the legislators formulating some more flexible legislation and the criminal policy, for superior judicial authorities to make the new judicial interpretation, author states the situation of compensation for life about Qinghai Tibetan trial compensation through the form of a research report and further reveals compensate for life into trial practice way and channels.Therefore, first, this paper shows representative thirteen cases which are obtained by investigation and try to make as possible to take on the trial practice of compensation for life. Subsequently, according to the thirteen criminal cases, this paper empirically analysis the litigation procedures of them. Based on thirteen cases as a breakthrough point, it reveals critical points which the legislators trial from the level of judgment jurisdiction, criminal and attached civil lawsuits procedures, criminal trial, which can comprehensively explain the compensation for life in ways and channels to access trial practice. |
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