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Research On The Improvement Of The Assistance System Of Criminal Victims In China

Posted on:2020-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:H T ZhangFull Text:PDF
GTID:2416330590460768Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The criminal victim's assistance is that the victim cannot obtain compensation or other compensation after bevictimized by the crime,the state gives certain economic assistance to solve the dilemma of the victims or their close relatives from the perspective of compassionate obligations.Criminal victim assistance and the victim compensation,legal aid,social assistance,there is obvious difference between state compensation,its theoretical basis are mainly national responsibility theory,political interests theory,social justice theory,social insurance,social welfare theory,the theory of existing shortcomings,its theoretical system logic self-consistent sex cannot be guaranteed.From the perspective of the history of victim assistance,the establishment of this system is closely related to the isolated situation of victims and the national sympathy for victims.At present,there are still many problems in our country's criminal victim assistance system.In terms of judicature,such problems as insufficient relief funds,inconsistent relief organizations,single relief methods,imperfect relief mechanism and low public understanding of the relief system.The system needs to build the object of the fund rescue,qualifications,payment standards,institutional settings and procedures.It is created by the State political and legal commission,he Central Political and Legal Committeedivides the disbursement standard of the rescue fund.The political and legal committees of all provinces and municipalities are responsible for the issuance of the rescue fund;the court accepts and examines the rescue cases,and supervisory organs assume supervisory duties.At the same time,it is recommended to apply the joint meeting mechanism.Its core task is to organize and guide the rescue work,planning matters,and regulatory standards.In the process of receiving the rescue case and verifying the statutory substantive conditions,the Criminal Victims Relief Fund Committee maybe established within the court.The review and handling of the criminal victim relief fund system shall make the following provisions: the committee of the criminal victim relief fund shall,within the prescribed time limit,make a corresponding ruling on the result and the amount of the application of the assistance.If the verdict is not to save the victim,it shall give corresponding explanations.The criminal victim relief fund system helps to make up for the victim's loss,restore legal order and maintain social stability.
Keywords/Search Tags:criminal victim, aid system, status quo, source of funds, system improvement
PDF Full Text Request
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