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Research On Several Issues Of State Compensation For Criminal Misjudged Cases

Posted on:2018-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:M J GaoFull Text:PDF
GTID:2356330536965324Subject:legal
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The state compensation System of misjudged criminal cases is the important symbol of the construction of state democracy and rule oflaw in a sense.However,based on Zhao Zuohai Case,Zhangs Case and Hugejiletu Case the three misjudged criminal cases' compensation study of this article,found when apply criminal compensation system,the compensation authorities or local administrative departments are usually use other standards beyond the state compensation standard in our country.They paid the victims of the misjudged criminal cases or their familyallowance of life difficulties rather than the compensation payments.The victims of misjudged criminal cases may also seek state compensation before or after obtaining state compensation,or appeal the local administrative department or higher authorities for help.The compensation beyond law is a way to seek relief.Law of the People's Republic of China on State Compensation adopts principle of appropriateness compensation,its compensation standard is low and lack of difference,which are the reasons why victims of misjudged criminal cases seek for compensation beyond law.The process of applying for national compensation is rigid.And the administration of the procedure of recoupment and accountability of state compensation cause claim hard.We are supposed to find solutions to these problems in theory and system model.This article is divided into four parts:In the first part,introduction introduces the research background,status,significance and methods of this article.In the second part,based on Zhao Zuohai Case,Zhangs Case and Hugejiletu Case,introduce criminal cases of state compensation in practice and find the problems of compensation beyond law.The problems which are supposed to solve include theoretical basis,reality and reasons of the compensation beyond law,and how to reform.In the third part,this article analyzes the problems in the three aspects of theory,legal system and reality.There are certain reasons why our country adopts the principle of appropriate compensation for the state compensation.The principle of appropriate compensation is the key reason why there is compensation beyond law.Then,this article analyzes the legal system of criminal compensation in the current state compensation law of our country and draws the conclusion that there are certain reasons why the victims of misjudged criminal cases and the compensation authorities to seek compensation beyond law for help while the legal system is being practiced.In the fourth part,this article states the enlightenment of state compensation of misjudged criminal cases.This article has analyzed the issues of Law of the People's Republic of China above.Based on the comparison of other countries,this paper suggests choose the full compensation principle.Furthermore,make feasible suggestions under the legislation which adopts the full compensation principle in victims of misjudged criminal cases and compensation authorities' standpoint.
Keywords/Search Tags:Misjudged criminal cases, state compensation, compensation beyond law, compensation principle
PDF Full Text Request
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