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Our System Of Criminal Victims Assistance To Build Chinese

Posted on:2012-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhaoFull Text:PDF
GTID:2246330371982155Subject:Law
Abstract/Summary:PDF Full Text Request
In addition to violations of social and public interests, criminal behavior violate thepersonal interests of victims in criminal cases. With the continuous development, China hasestablished a perfect system of public prosecution, the prosecution on behalf of our country tothe prosecution of crime, criminal victims can not access to the courts to protect their owninterests. National interests and personal interests of victims, compared with the priority ofcriminal victims in criminal proceedings is no longer a major party. Criminal law relationship,only the State and the defendant is the subject of proceedings, with the modern legal thoughtcontinues to mature, legal circles began to focus on protecting the rights of the accused, andfor criminal victims, not only do not enjoy procedural rights, as far as criminal acts against theinterests can not obtain relief, which is likely to lead to dissatisfaction with the criminal victim,a threat to social stability. China’s judicial practice, criminal victim’s damages are oftendifficult to achieve. At present, with the continuous development of our economy and society,social life reveals many contradictions, increasing the number of criminal case, the limitedjudicial resources led to a large number of criminal cases can not be timely detected.According to the relevant department statistics show that in recent years about China’s annual70-90million cases of criminal cases can not be timely detected, thus leading to the victimsof criminal cases to obtain damages become empty words. In addition, even leaving theprosecution of criminal cases to trial, according to the defendant after the victim compensationfor civil damages, civil court ruling also help with the victim, but if the defendant does nothave the financial ability, even if the victims’ compensation paper ", can not be in-kindcompensation. Thus, to obtain compensation through the criminal victims is difficult to protecttheir own interests. In order to improve our victim assistance system, I chose this system as athesis topic.This paper is divided into three parts:the first chapter, that the first part of the article ismainly an overview of criminal victims assistance system of criminal victims assistancesystem of the basic meaning and characteristics are briefly introduced, and to rescue thesituation of Fushun perspective, State aid for victims of China’s criminal status and problemsare analyzed; second chapter is the extra-territorial criminal victims assistance systemelaborated in order to improve our system to provide relevant learning; the third chapter of ourcriminal victims assistance improvement of the system’s recommendations, including the needto improve, specific procedures related to the content. In this paper, the writing process, the main use of the comparative analysis method,starting from the perspective of comparative law, comparative analysis of the rule of lawrequirements of the system in order to improve the system of our country learn to play the role,these were discussed with three chapters, a total of about thirty thousand words.
Keywords/Search Tags:criminal, the victim, the state aid
PDF Full Text Request
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