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Analysis And Consummation Of Criminal Compensation System In China

Posted on:2019-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:S J FanFull Text:PDF
GTID:2416330545996709Subject:legal
Abstract/Summary:PDF Full Text Request
Criminal proceeding is a high-risk cognitive activity,and the national judicial authorities and their staff in some cases will inevitably have cognitive errors,and then the legitimate rights of citizens will be infringed.The original intention of the criminal compensation system is to make up for the damage caused by the state judicial power to the citizens,and to further supervise the legal exercise of the functions and powers of the national judicial organs.Criminal compensation is more like "late justice”in a certain sense,which is the remedy of wrong judicial behavior,and plays an important role in maintaining judicial justice,easing social contradictions,supervising the exercise of power,and so on.This paper analyzes the present situation of the criminal compensation system in our country,and compares the criminal compensation system of other countries,summarizes the defects in the criminal compensation system of our country,and puts forward the corresponding improving suggestions.This paper is divided into four parts.The first part is to comb the meaning,characteristic and historical evolution of our criminal compensation system.First of all,the concept of criminal compensation is clarified,which distinguishes between the criminal compensation of the state as the main body of compensation and the compensation of the victim in the criminal case.Secondly,three characteristics of criminal compensation system are introduced.Finally,it reviews the development process of criminal compensation system of our country,which has been from scratch and from the brief to the detailed,and the prospects of continuing to improve the criminal compensation system.The second part is the discussion on the scope of compensation,compensation standards and compensation procedures for criminal compensation system in China.For example,the closed enumeration of compensation scope has limited the effective relief of the victim's rights,the lack of local differentiation of compensation standards does not help to match the compensation and loss,and the unreasonable setting of compensation procedure hinders the victim's claim,and so on.Proceeding from the objective reality of our country's current criminal compensation system,this paper sums up the shortcomings.The third part is the analysis and comparison of the extraterritorial criminal compensation system.Taking Germany and France as the main objects of investigation,this paper analyzes criminal compensation liability principle,compensation scope,compensation standard and compensation procedure between the two countries and China,and the parts of systems of other countries for our country to learn from.The fourth part is to put forward the improving suggestions to our country's criminal compensation system for reference.In view of the defects of the system analyzed above and combined with foreign advanced experience of the rule of law,this chapter finally proposes improving suggestions from the perspective of widening the scope of compensation,refining compensation standards,improving compensation procedures and other angles.
Keywords/Search Tags:criminal compensation, compensation subject, scope, standard, procedure
PDF Full Text Request
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