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Reflections And Improvements On Our Criminal Compensation System

Posted on:2018-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:C Q WangFull Text:PDF
GTID:2346330518961742Subject:Law
Abstract/Summary:PDF Full Text Request
Considered as the late justice,the objective of Criminal Compensation are rights remedy and rights surveillance.Since the adoption of the ?The State Tort Claims Act?,the Criminal Compensation System fails to reach its general intention due to the weaknesses against in-comprehensive of rights remedy and ignorance of rights surveillance.While the controversy between civil rights and nation rights over compensations for the unjust cases,to some extent,urges to improve the system and justice gradually.Just as Ka Duozuo stresses that there is no such perfect law that covering all tiny matters.In that case,Criminal Compensation System still need to be further perfected after revision and the introduction of judicial interpretation,and it also have space to release more on the fact powerful positive energy for public.In addition,due to the analysis on the development and improvement of Criminal Compensation System?the significant role of unjust cases including ‘SHE Xiang-lin Case'? ‘Duo Maomao Case'?and ‘Xu Jingxiang Case' played in the development progression of the system and some major unjust cases occurred in late years,the paper tends to deliberate the possibility of perfecting our Criminal Compensation System.Moreover,the issue on legislative deficiency of that cases on serious punishment for misdemeanors is beyond the scope of criminal compensation discovered through reviewing on the extent of criminal compensation from ‘Song YangLu Case'.Thus,the thesis aims to emphasis the necessity of bringing the cases on serious punishment for misdemeanors into Criminal Compensation System according to the analysis on the causes of that serious punishment for misdemeanors have not been made part of the criminal compensation's scope.Furthermore,the issue on relief deficiency of Criminal Victims is found by reviewing on the Claimants for Criminal Compensation from ‘NianBin Case'.Thus,The purpose of this article is to quest for the feasibility of bringing the torts of irresponsible for Criminal Justice to the Criminal Victim into Claimant for Criminal Compensation according to the analysis on the causes of that Criminal victim have not been incorporated into Claimant For Criminal Compensation.What's more,this article reflects on the Criterion of Criminal Compensation ofrules on Compensation for Direct Damage?Moral Damage Compensation Principle and Computation Standard For Criminal Compensation from ‘Zhu Hongwei Case'?'Hu Ge Case'?'Chen Xintao Case' and ‘Nie Shubin Case'.Based on these reflections,it can be found the fact of that Compensation For Direct Losses existed in the Criminal Compensation Criterion cannot remedy victim's loss;the Quantity of spiritual Damage Compensation is difficult to Quantify and the principle of propitiating do not conform with the reality of our Criminal Compensation System.Accordingly,suggestions proposed in this paper include defining the compensation principles in objective damage?logical quantification of moral damage compensation and introduction of punitiveness principle and go further to raise the discussion on the feasibility of Computation Standard For Criminal Compensation in accord with the Civil Compensation Specification.Finally,problems are discovered in our Criminal Compensation System including unreasonable procedure and high barrier for victims to claim their compensations by way of discussing ‘Chen XinTao' Case.Therefore,the paper attempts to establish the criminal compensation prosecution procedure.
Keywords/Search Tags:Criminal Compensation, Criminal Victim, Computation Standard For Criminal Compensation, torts of irresponsibility for Criminal Justice
PDF Full Text Request
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