Dissertation
Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure

Crime Victims' Compensation System

Author WangZuo
Tutor YuGuoDan
School China University of Political Science
Course Criminal Law
Keywords Crime Victims Compensation System Perfect
CLC D925.2
Type Master's thesis
Year 2011
Downloads 95
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If there is a classic , \Annual number of criminal case in 4,000,000 or more, a large group of victims . However, due to a large number of criminal cases, the defendant is not a lack of ability to provide compensation or compensation , or some criminal cases long after the suspects were arrested difficult , or because those responsible can not be identified because the evidence led to our current criminal victims and their relatives obtain civil compensation of less than 10% , about three million victims and their relatives do not get any compensation , life is extremely difficult. The evil consequences of crime - whether economic loss , or mental anguish to be borne solely by the victim . Crime Victims' Compensation issues therefore , has been the focus of discussion justice issues . In this paper, from the perspective of the legislative and judicial elaborated crime victims compensation system problems and causes, and thus brought about negative effects , the purpose is more targeted approach to solve problems . Legal compensation to the victims of criminal provisions was first seen in 1700 BC years ago, \1960s with the rise of victimology , an increasing number of countries have formulated specifically to protect the interests of victims of the law. Common law countries currently use more parallel criminal action for damages mode , while China adopted a pattern of criminal incidental civil action . Although in recent years , such an action mode is criticized by many scholars that China should adopt parallel litigation mode. But through the action of the two models are compared , the study found that two kinds of lawsuits modes have advantages and disadvantages . Combined with China's actual conditions , it is unrealistic to abolish incidental civil action is not necessary. Key is to be refined and improved. With criminal proceedings in the original model , based on the establishment of the independent status of incidental civil action , program selection and gives the victim the right to protect its true realization of the right to compensation ; expanding criminal incidental civil cases range , all due to crime victims material damage , it shall be permitted to file an incidental civil victims , victims of crime against property given to criminal prosecution with civil rights ; expand the scope of damages that victims of criminal damages can not be confined to material damages, but also including mental damages ; in judicial practice , to better improve the incidental civil property preservation and advance implementation of the system ; and further establish civil compensation priority principle . Perfecting Criminal Reconciliation System . In criminal proceedings during the operation , the introduction of criminal settlement system ; actively compensate the victims and perpetrators of loss and sentenced the defendant to probation, the offender commutation and parole combined. Referring to foreign prison labor compensation system , part of the offender's prison extract remuneration for reparations to victims losses. Find another mechanism to protect the victim after the misfortune not get compensation from the offender , you can get the other aspects of the material comfort - to establish and improve the national compensation system and various insurance system. Protection of victims is to protect our own , full protection of the legitimate rights and interests of victims in criminal justice bounden duty ; also prevent new crimes occur , a necessary requirement for maintaining social stability .

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