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On The Perfection Of The System Of Void Criminal Procedural Act

Posted on:2013-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:W T ShenFull Text:PDF
GTID:2246330395952272Subject:Law
Abstract/Summary:PDF Full Text Request
Compensation for mental damage is an important institution of the legal protection of personality rights. With the development of human civilization, the concept of the rule of law and human rights protection is also popular. Nowadays, many countries in the world established administrative tort mental damage compensation system in the country compensation system. From the value of law and spirit. The mental damage compensation system as an important civil rights remedies, mental comfort for the victim by way of property and moral, This is a manifestation of the purpose of legal justice and humane direction.With the introduction of our new National Compensation Law, administrative Tort mental damages have become a conclusion, the progress of social rule of law and the signs of the development of civilization for The National Compensation Law determine the mental of administrative tort damages. The mental of administrative tort damages is a milestone in China’s legal construction.The development of the state compensation system is a symbol of democracy and the rule of law process forward, the system of Mental Damage Compensation is a major breakthrough in the National Compensation Law. Completion, scientific and humane national compensation system not only reconcile the various social interests, but also supervision of staff of state organs exercise their functions and powers according to law. The National Compensation Law is only to establish the guiding ideology of the Administrative Tort Mental Damage Compensation. Mental damage in our country Civil Law and related laws are not clear defined only put forward a concept. Related to the specific provisions to determine the specific mode of operation still fuzzy direction, compensation for mental damage is very general, such legislation on the lag cause no legal basis in the judicial process, and personal rights is difficult to get effective protection of the situation. This is inconsistent with China to establish national goals of the socialist legal system. The second step of the life of the law lies in the implementation of practice specific application of the administrative tort Mental Damage Compensation. China’s current administrative tort the mental of damages legislation urgent need to improve the administrative tort Mental Damage Compensation system. Damages to the mental of of administrative tort laws and regulations need to refine, in principle, need to be specific, the scope needs to be clear, the amount need to be more firmly established. In this paper, elaborate the improve the advice by the lack of these issues, Therefore, the needs of the establishment of administrative tort Mental Damage compensation system is to improve the national compensation system,but also an inevitable requirement of the socialist state of law.
Keywords/Search Tags:Administrative Tort, Compensation for Mental Damage, RightsProtection
PDF Full Text Request
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