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Research On State Compensation Of Misjudged Criminal Cases

Posted on:2016-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:L KongFull Text:PDF
GTID:2296330461951517Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Along with the media developed, more and more criminal misjudged cases came out. In recent years, many new Criminal wrong cases have been published to the public. This prompted us to think about the state compensation of criminal wrong cases of China. Criminal wrong cases are difficult to determined and compensated. Parties have to appeal difficultly for fairness after getting a verdict. Many families of injustice protagonist have being exhausted their lifetime and hardness to pursue their case’s fairness.In 1994, China promulgated the National Compensation Act and the state compensation system has been established for twenty years. By now, so many wrong cases are still difficult to be redressed and compensated. There are many problems on the State Compensation System of our country. The legal system of the State Compensation is imperfect. The idea of the institution is wrong. We have ineffective supervision mechanism on the system.The reasons are that we have no national aid regime system in our country, The concept of state compensation and the concept of national aid regime have not been distinguished. The other reason is that Performance appraisal system resistant the worth of the State Compensation System to come true. There are still many problems on accountability mechanisms of compensation mechanism.In the era of Civilization progressing, problematic wrong cases compensation system can no longer meet increasing legal request of the public. It is necessary to reform and perfect the State compensation of the wrong cases in China. I think the criminal justice system of compensation of China should be perfected as follows: Firstly, perfect the legislation, make efforts to improve the standard of compensation, refine spiritual compensation and streamline responsibility principle and so on. Secondly, realize the abolition of the performance appraisal system. Thirdly, establish a national aid regime system. Fourthly, solve the state compensation and accountable bundled problems. Fifthly, set up an independent authority to implement the national compensation system. Sixthly, strengthen the implementation of the supervision of the State Compensation System.
Keywords/Search Tags:criminal wrong cases, criminal judicial compensation, state compensation, wrong cases investigated, Performance appraisal
PDF Full Text Request
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