2002Journal of Zhejiang Wanli UniversityRequires access

Elementary Research on the Questions of Criminal Compensation

Ding Huan

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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.

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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.

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Available 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.

Key concepts: Adjudication, Compensation (psychology), Criminal law, Political science, Law, Criminal procedure, Equity (law), Tort

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