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On The Compensation For Moral Damages Of Victims In Criminal Cases

Posted on:2018-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y H WangFull Text:PDF
GTID:2356330542950713Subject:Law
Abstract/Summary:PDF Full Text Request
At present,in the civil tort compensation system in China,the system of mental damage compensation occupies a very important position,but in the field of criminal law,this system has not been established.Mental damage compensation system refers to the civil liability system which requires the victim to pay economic compensation for the suffering or mental suffering suffered by the natural person.The main function of the system is compensation,and the main means of compensation is economic compensation.At present,the criminal law of many countries in the world advocate with the spirit of the spirit of damages to compensate the victim has suffered damage,but our country criminal law point of view and the opposite of punishment rather than on compensation legislation concept,outstanding social and effect to ignore the interests of the individual.Punishment and compensation are two completely different ways of responsibility.Two kinds of responsibilities are equally important and cannot be substituted for each other.Establishing moral damage compensation system in the field of criminal law is not only beneficial to protect the interests of individuals and maintain social justice,more able to coordinate legal contradictions,avoid the phenomenon of connection with different sentence,maintain the legal authority.If establishing moral damage compensation system in criminal law field,should be stick to fully protect the legitimate rights and interests of the criminal case victim,the justice,the principle of compensation and auxiliary,comfort,based on the specific scope of the system,constitutive requirements,such as indemnity procedure rules.
Keywords/Search Tags:Courier criminal case, victim, mental damage compensation
PDF Full Text Request
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