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Study Of Criminal Victim Relief System

Posted on:2013-10-13Degree:MasterType:Thesis
Country:ChinaCandidate:G HuangFull Text:PDF
GTID:2246330371976294Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal victim as the criminal proceedings in the most neglected groups, long-standing lack of legal and social concerns. These people suffered a crime against, and some loss of ability to work, some families living in straitened circumstances, their social status gradually marginalized, coupled with the victims are often unable to obtain compensation from the perpetrators, but also the lack of effective channels for relief, the victim living conditions are not optimistic. Due to unable to obtain compensation for victims was gradually reduced to the social unrest continue to petition the complainant not only brought many difficulties to the victims themselves, but also had a negative effect on the state and society. The relief of victims in the context of building a harmonious society, has gradually become an issue of concern, how to resolve social conflicts, became the subject of widespread concern of practitioners and academics. The first part analyzes the concept of victim relief system as well as the theoretical basis and values.Criminal proceedings, the principle of protection of human rights in the criminal retrospective not only to protect the human rights of criminal suspects and defendants, but also to protect the human rights of victims. Article II of the new Code of Criminal Procedure, to be implemented on January1,2013,"respecting and safeguarding human rights," the text has been explicitly written. This indicates that the criminal process in China for the importance of human rights will be significantly improved, including victims of human rights concerns. We learn from the Western legal culture "sword"-the protection of criminal suspects, the accused of human rights, but abandoned the victims of human rights protection as a "scabbard". Overseas countries and regions have long carried out relief activities for victims, have legislation to protect the interests of the victim and the victim can not receive compensation, it must get help. This is not only a manifestation of State responsibility, it is a concern for victims. Allowed to appreciate that he is a member of the society, but also beneficial to the restoration of confidence, re-embark on life formal. The second part is an introduction to foreign victims relief system.Many parts of China has begun a relief to the victims and help them out of the predicament of life. However, these fragmented relief activities and not institutionalized, long-lasting. The third part of the status of the Criminal Victim Relief analysis presented the dilemma lies. In the fourth section on the reconstruction of criminal victim relief system, and demonstrated the feasibility of the system was established to provide a theoretical basis for our future to establish victim relief system. Criminal Victim Relief is not just a legal issue, but a social problem, a critical period of building a harmonious society in China, which related to the stability and development of the society as a whole, to allow victims to relief system has become a reality is the top priority of the current social progress. Provides some ideas for the system of criminal victim relief, with reference to the mature samples of the overseas countries and regions, a combination of domestic academic point of view, a little proposal for the system of criminal victim relief and hope to start a discussion, for our as soon as possible to establish the criminal victim relief system to help...
Keywords/Search Tags:Criminal victim, Relief system, Introduction, AnalysisSystem Reconstruction
PDF Full Text Request
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