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Research On The National Rescue System Of Criminal Victims In China

Posted on:2019-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:X Q HeFull Text:PDF
GTID:2416330572962168Subject:Law
Abstract/Summary:PDF Full Text Request
With the rise of victimology in the middle of the last century,there was a global revival of the rights of victims.Various conventions were adopted to protect victims'rights and interests,which promoted the establishment and gradual completion of the national rescue system for criminal victims.In line with the international trend of development,China has carried out practical explorations on the assistance of criminal victims from the local pilot to the nationwide,and turned to the construction of the judicial relief system(including the assistance of criminal victims)from the exploration of the independent construction of the victim relief system.Although the shift of system establishment has affected the victim's rescue practice to some extent,China has not stopped paying attention to the criminal victim's rescue practice,and the academic and practical departments have not stopped calling for the establishment of criminal victim's national rescue system in China.Based on the reality of our country carries on the discussion,this paper demonstrates the victim assistance system of the construction of the theoretical and practical value,and many problems existing in current rescue practice,through the horizontal comparative study abroad and other parts of the experience,this paper explicitly created the criminal victims relief system is the inevitable trend of the development of the society and the rule of law and puts forward the opinion of the perfect our country the victim assistance system.This article mainly discusses from the following four contents:the first part of the victim's national rescue system is summarized.The part starts from the concept of criminal victim and clarifies its connotation through discussing the two concepts of victim relief and victim compensation.The history of the victim assistance system development is summarized,and the exploration and development process of the victim assistance system in China is expounded.The paper also discusses the theoretical and practical value of establishing the relief system in China from two aspects:the concept of restorative justice and the solution of the dilemma of our criminal justice.The second part analyzes the current situation of China's national rescue system for victims,elaborates the current setting and practice of China's rescue system,and analyzes the existing deficiencies.Conclusion:no corresponding legislative guarantee,insufficient financial support and weak linkage mechanism lead to the weakening of the relief system;The imperfection in the construction of relief,such as the unclear rights and responsibilities of the relief subject,the monotony of the relief method and the deviation of the condition setting,has seriously restricted the function of the system and made it difficult to achieve actual effect.It is in urgent need of legislative follow-up,financial support and reasonable mechanism establishment.The third part investigates the relief systems of developed countries and regions,and makes a comparative analysis of the relatively perfect criminal victim relief regulations in the UK,Japan,France and Taiwan,and learns from the advanced experience of these countries and regions.The fourth part puts forward the Suggestions to perfect the relief system.This part mainly discusses the feasibility of the criminal victim assistance system in China on the basis of the previous research and the actual situation in China,clarifies the relief principle,and puts forward the specific Suggestions to improve the criminal victim assistance system in China,in the hope that value and function of this system can be given full play.
Keywords/Search Tags:Criminal victim, Damage compensation, National assistance
PDF Full Text Request
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