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The Research On The Questions Of The Right Of The Criminal Victim

Posted on:2013-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2246330395954508Subject:Law
Abstract/Summary:PDF Full Text Request
China’s legal system has a long history of civilization. In the course of its development, influenced by the theory of "national standard", the social status of the criminal victims is always very low. Although their claims are protected by the relevant laws, but in the process of judicial practice, often less than achieved, it can be said ought to achieve is a long and tortuous process. Whether claims can be guaranteed, is related to the injury suffered by the victim’s mental and physical ability to be remedied, and also directly determines whether society can be developed stably and unitarily. In addition, also is closely related to the jurisdictions implement and advocate in China since the beginning of the new century. Therefore, how to create reasonable claims system and ensure that the legal rights of the victims are in the process of promoting the rule of law, are the main challenges facing. Which the for criminal victim claims has great practical significance and practical role. This paper describes the criminal victims claim the actual situation firstly, then contact the status quo of China’s judicial system, and make a careful analysis of claims China is now facing.This article is organized into the following three parts:introduction, theoretical development, and conclusion.I. The first part, mainly on the criminal victim claims related concepts and basic theory. The article first introduces the world-renowned scholars variety of definition and classification of claims, and then an overview of the Chinese criminal victims claim the status quo and at all stages of the development of the situation.II. The second part, the author briefly analyzed national criminal victim claims development. Currently, the Criminal Victim learns the rise in the world of for criminal victims started late. Claim of criminal victims, experts and scholars in China until now still failed to develop a clear, uniform definition of the criminal victims claim vain triggered drawbacks and how to improve the response to this situation, the author of the entry point as the theory on this basis the expansion.III. The third part, combined with the specific situation of China’s judicial clear realization of the right to claim the basic requirements. In addition, from the four aspects discussed and formulated a fundamental way to achieve the victims claim. Premise of careful analysis and study of the causes of various problems, combined with the specific context of the protection of human rights in China as well as the legal system, improve the victims claim to achieve system:the departments concerned in the drafting of the law, attention should be paid to the protection of the legitimate rights and interests of victims judicial officers in the enforcement process as much as possible into the advanced theory of judicial, the legitimate rights and interests of the people to use legal means to get maximum protection;, advocated the perpetrator liable for compensation in a timely manner on the basis of sound civil litigation system.In the end, the author believes that the improvement and progress of the claim of the victim, the need to build a scientific and reasonable litigation steps sound the Criminal Compensation execution system, development of sound to create a judicial system of judicial personnel business level is too high, and as a precondition to discuss the way of the criminal justice system and the development direction and sound...
Keywords/Search Tags:Victims of Crime, rights of claim, approach for rights of claim
PDF Full Text Request
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