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Suing Rights Of Victims

Posted on:2017-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q M LiFull Text:PDF
GTID:2296330503986838Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
There is an important question in the criminal indictment ishow to protect victim.On the one hand,in order to maintain social order,to punish criminal,it should bear criminal,this is not a good way to help victim go away from the plight.So it is important action for damages.Now,criminal law thirty six and code of criminal procedure law seventy seven provision this question.But there is so many question.Victims of existing legislation It failed to clear the suit for damages and criminal prosecution. the tangled relationship between the provisions in the legislation, and from the theoretical and practical contradiction there can not be improved. At the same time the design of the current system of compensation depends only on the source offender, once cracked or failed cases unable to compensate victims, victims of the situation will be very difficult.Paper uses some way to analy, the standardize methods for analysis of existing legislation, while the foreign-related system to classify summary, select the system.The study found that many foreign countries to take separate civil and criminal litigation mode, take civil and criminal combined mode also exists, but very detailed provisions, and the victim can choose to separate civil is killed ginseng complaint system, in the process of compensation being given extensive rights of participation of victims, In addition to the advanced compensation offender legislation in the country as well as the International Criminal Court, without exception, the creation of a national compensation, third party compensation, the establishment of a trust to protect the victims be compensated.We should protect the rights of victims,but we also should protect defendant,so we should build a system to compension the vicyims.combined with the characteristics of our society, to clarify between the Public Prosecution and litigation compensation for victims, better protection of victims, accused and themaintenance of judicial neutrality and authority.
Keywords/Search Tags:victim, indemnity action, criminal procedure
PDF Full Text Request
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