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On The Improvement Of The Criminal Victim Assistance System In China

Posted on:2018-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2356330515979531Subject:Law
Abstract/Summary:PDF Full Text Request
It is an important requirement to protect the rights and interests of criminal victims,to realize the rule of law and to guarantee the intrinsic value of human rights,and to further promote the construction of the rule of law in China.This paper discusses the concept and characteristics of the criminal victim and the criminal victim's rescue,analyzes and studies the construction and operation of the criminal victim system in our country,discusses the form,capital and procedure of the criminal victim's assistance in the legislation,the protection of the victim's rights and the rescue,and how to improve the system of criminal victim assistance in China.The first part of this paper studies the perspectives of criminal victims and criminal victims' salaries,and puts forward the author's cognition of the concept of criminal victims and criminal victims' salvage,and analyzes the characteristics of criminal victims and criminal victims' salvage.The author thinks that the criminal victim mainly refers to the natural person who has the right to bring the civil action,which has the common characteristic of the legitimacy,the directness,the dispute of the dispute,the evidence of the content.Criminal victim assistance refers to the basis of national policy,the law provides that the criminal victim suffered a crime caused by the loss of personal property caused by a certain statutory circumstances,given the economic support,its support,limited,timeliness,etc.feature.The author discusses the legislation and practice of the rescue of criminal victim in our country,and points out that the system of assisting the victim of criminal victim has been continuously developed and perfected.The judicial practice of criminal victim rescue is more active,but the satisfaction rate of criminal victim rescue is not high.The second part mainly elaborates the problems of the system of criminal victim assistance in our country,including the legislation of the victim's rescue without the national level.The legal provisions stipulate that the legal protection of the criminal victim's rights is imperfect,the criminal victim's rescue fund is single,the criminal victim The form of relief is not rich,criminal victim rescue agencies and rescue procedures to be improved and so on.In the third part of this paper,the author puts forward some suggestions on improving the rescue system of criminal victims in China.Mainly including the establishment of criminal victims to save fairness and justice,efficiency relief,the proportion of the same legislative principles,standardize the scope and standards of criminal victim assistance.To support the criminal victims of mental damage compensation,improve the process of criminal proceedings on the criminal victims of the right to know,to participate in the right to protection and legal aid legal requirements.From the national,social and criminal elements of the three levels to actively expand the sources of criminal victims of relief funds,including the state tax,collection of fines,criminal labor income,social welfare funds,charitable contributions.The establishment of a political and legal committee led by the relevant functional departments to participate in a unified criminal victim assistance agencies.Unified victim assistance to start the procedure,review the standard and appeal to pass,strengthen the victim rescue supervision and information disclosure.
Keywords/Search Tags:Criminal Victims, Bailout, Mental Damage Compensation, Legal Aid
PDF Full Text Request
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