Research Criminal Compensation System Of The Republic Of China

In the long history of China,the pace of state power and individual rights is always inconsistent.At the beginning of 20th century,chinese civilization was strongly influenced by western thought,the criminal compensation system of the exotic was implanted.It contributes to the new legal theory and legal system.Meanwhile,it also brings opportunities for the legalization of human rights in China.If we want to interpreting the content and concept of criminal compensation,we must begin with its relevant legal system.In this article,the author will focus on the criminal compensation system of the republic of China,tries to answer from a historical and legal point of view:what is the criminal compensation system?How did the administration of unjust case evolve in ancient society?What is the theoretical basis of the criminal compensation system?Academical controversy,legislation and implementation of the criminal compensation system during the period of the republic of China and so on.By reviewing the tortuous process of constructing the criminal compensation system,we understand the growth of modern public law and human rights rules of law,understand the rule of law path,which achieve the balance between state power and individual rights in modern China.In this way,we can absorb the essence of chinese legal culture to perfect the modern criminal compensation system.This paper comprehensively discusses the criminal compensation system of in the republic of China.The main points of which are as follows:The introduction introduces the reasons and significance of choosing the criminal compensation system of in the republic of China as the object of research.The whole article is based on the logical structure of concept-movement-system.The theory of human rights protection of the criminal compensation system is the starting point of this article.It is the foothold of this article to study the implementation of the criminal compensation system from a historical point of view.Summing up the experience and lessons so that we can perfect the current criminal compensation system is the end point of this article.The first chapter:Criminal compensation system summary.Firstly,this part is based on the analysis of scholars' views,analyzes the relationship between "unjust verdict" "unjust charge governance"and"criminal compensation"to defining the meaning of "criminal compensation".Then it discusses the nature orientation of the liability of criminal compensation.Secondly,it expounds the theoretical basis of criminal compensation system. This part will form the theoretical framework of criminal compensation system.The second chapter:The administration of unjust case in ancient society before the republic of China and its characteristics.Firstly,this part introduces the relevant system of the administration of unjust case in ancient society.Secondly,it inducts the characteristics of the administration of unjust case in ancient society.Finally,it concludes why fail to produce the so-called criminal compensation system in ancient society.The third chapter:Academical controversy of the criminal compensation system during the period of the republic of China and the criminal compensation campaign.First of all,it expatiates the ideological basis of the awareness of criminal compensation in the republic of China.Secondly,it expounds the scholars' controversy in the early stage of the establishment of the system of criminal compensation and puts forward the author's opinion.Finally,the rise of the movement of criminal compensation during in the republic of China is briefly described.The fourth chapter:The rudiment and extension of the criminal compensation system in the republic of China.First of all,it shows the legislative process of the criminal compensation system in the republic of China from the time dimension,then it concretely analyzes the content of the draft criminal compensation law,summarizes the construction results of this period.Finally,the extension of the creation results is briefly introduced.The fifth chapter:Evaluation of the criminal compensation system in the republic of China.On the one hand,it illustastes the value of the criminal compensation system during the period of the republic of China.On the other hand,it summarizes the delay and limitation of the criminal compensation system by comparing the criminal compensation system of our country with that of other countries by using cases in this period.Conclusion.By tracing back the efforts made by our predecessors fighting for the criminal compensation system,we should rationally draw lessons from experience,examine and carefully put the protection of human rights into practice and build "The Chinese Dream"rule of law in the future.