Elementary Research on the Questions of Criminal Compensation
Ding Huan
Abstract
Ding Huan
Abstract
Compensation evocated by criminal violation has the same essence as the compensation by civil tort,but the former and the later have many differences in the way of litigation,acceptance of a case, adjudication and enforcement. These differences counteract the ultimate implementation of compensation for criminal violation,aggrieve the legal rights and interests of victims(including the nation)in the criminal case,and impair the equity and solemnity of criminal judicatory.As criminal law,criminal procedure law,civil law and civil procedural act in our country are not perfect for criminal compensation,judicatory practice are devoid of consolidate standard of criminal compensation.This essay gives an elementary research about this issue in aspect of character,extent, procedure and problems that exist in judicatory practise.
A significance statement is not available in the OpenAlex record.
A contribution statement is not available in the OpenAlex record.
Method details are not available in the OpenAlex metadata.
Findings are not separately available in the OpenAlex metadata.
Limitations are not available in the OpenAlex metadata.
Application details are not available in the OpenAlex metadata.
Compensation evocated by criminal violation has the same essence as the compensation by civil tort,but the former and the later have many differences in the way of litigation,acceptance of a case, adjudication and enforcement. These differences counteract the ultimate implementation of compensation for criminal violation,aggrieve the legal rights and interests of victims(including the nation)in the criminal case,and impair the equity and solemnity of criminal judicatory.As criminal law,criminal procedure law,civil law and civil procedural act in our country are not perfect for criminal compensation,judicatory practice are devoid of consolidate standard of criminal compensation.This essay gives an elementary research about this issue in aspect of character,extent, procedure and problems that exist in judicatory practise.
Key concepts: Adjudication, Compensation (psychology), Criminal law, Political science, Law, Criminal procedure, Equity (law), Tort