中韩犯罪被害人国家补偿制度比较研究
发布时间：2018-10-14 20:07
【摘要】：所谓犯罪被害人国家补偿制度,又称犯罪被害人国家救济制度,指国家对一定范围内因受犯罪侵害而遭受损害的且又无法通过刑事附带民事诉讼获得损害赔偿的被害人及其家属,通过法律程序给予一定的物质弥补的制度。对因遭受犯罪侵害而又由于种种原因不能从加害人那里得到适当的损害赔偿的被害人,由国家给予一定的经济上的补偿,使犯罪被害人的利益在一定程度上得以恢复,体现了国家对犯罪被害人权利保障的重视。这种使刑、民事法律在整体理念上趋向吻合,不仅在诉讼权利上而且在经济利益上,更彻底地对犯罪被害人的权利予以国家救济,已成为当今世界刑事法制发展的潮流和趋势。 韩国的被害人国家补偿制度建立时间虽然比欧美主要国家晚一些,但是充分借鉴了欧美立法,并结合了本国实际,尤其是对犯罪被害人的救助工作已经实现了法制化,建立了较为完善的国家补偿制度。中国目前尚未在全国范围内建立起统一的犯罪被害人国家补偿制度,但已有不少地区开始尝试各种形式的被害人补偿救助途径。本文主要比较分析中国和韩国的犯罪被害人国家补偿制度的开展状况、机构设置、资金来源、补偿对象以及补偿幅度,努力寻求提出启示点,以此对进一步完善和构建两国犯罪被害人国家补偿制度,具有相互理解和借鉴的意义。本文由三章构成。第一章,犯罪被害人国家补偿制度概述。从犯罪被害人的概念入手,描述了国际法上犯罪被害人的人权保护、犯罪被害人国家补偿制度的意义和历史沿革,同时分析了犯罪被害人国家补偿制度的各种学说。第二章,中韩犯罪被害人国家补偿制度比较分析。通过对中韩现有犯罪被害人补偿制度的比较和分析,对中国犯罪被害人国家补偿制度的构建提出相关建议。第三章,韩国犯罪被害人国家补偿制度的完善及其对中国的启示。针对韩国犯罪被害人国家补偿制度中存在的问题进行分析,以期为在中国建立犯罪被害人国家补偿制度提供参考。
[Abstract]:The so-called national compensation system for victims of crime, also known as the national relief system for victims of crime, A system in which the state gives a certain amount of material compensation to the victims and their families who have been harmed by the crime within a certain range and who are unable to obtain compensation for the damage through the criminal incidental civil proceedings. For victims who have suffered from crime and have been unable to obtain appropriate compensation for damages from perpetrators for various reasons, the state shall provide certain economic compensation, so that the interests of the victims of crime can be restored to a certain extent. It reflects the importance that the state attaches to the protection of the rights of the victims of crime. This kind of criminal punishment, civil law in the overall concept tends to coincide, not only in the litigation rights but also in the economic interests, more thoroughly to the rights of victims of crime to the state relief, has become the current and trend of the development of the criminal legal system in the world. Although the national compensation system for victims in South Korea was established later than the major countries in Europe and the United States, it has fully drawn lessons from European and American legislation and combined with the reality of its own country, especially the relief work for victims of crime has been legalized. A more perfect state compensation system has been established. At present, China has not established a unified national compensation system for victims of crime, but many regions have begun to try various ways of compensation and relief for victims. This article mainly compares and analyzes the development situation, the institution establishment, the fund source, the compensation object and the compensation range of the national compensation system of the crime victim in China and Korea, and tries to find out the enlightenment point. Therefore, it is of mutual understanding and significance to further improve and construct the national compensation system for crime victims in the two countries. This paper consists of three chapters. The first chapter is an overview of the state compensation system for victims of crime. Starting with the concept of crime victims, this paper describes the human rights protection of crime victims in international law, the significance and historical evolution of national compensation system for crime victims, and analyzes various theories of national compensation system for crime victims. The second chapter, China and South Korea crime victims of national compensation system comparative analysis. Based on the comparison and analysis of the existing compensation system for victims of crime in China and South Korea, the author puts forward some suggestions on the construction of national compensation system for victims of crime in China. The third chapter, the perfection of the national compensation system of Korean crime victims and its enlightenment to China. This paper analyzes the problems existing in the national compensation system for the victims of crime in Korea in order to provide reference for the establishment of the national compensation system for the victims of crime in China.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.2;D931.26
本文编号：2271507
[Abstract]:The so-called national compensation system for victims of crime, also known as the national relief system for victims of crime, A system in which the state gives a certain amount of material compensation to the victims and their families who have been harmed by the crime within a certain range and who are unable to obtain compensation for the damage through the criminal incidental civil proceedings. For victims who have suffered from crime and have been unable to obtain appropriate compensation for damages from perpetrators for various reasons, the state shall provide certain economic compensation, so that the interests of the victims of crime can be restored to a certain extent. It reflects the importance that the state attaches to the protection of the rights of the victims of crime. This kind of criminal punishment, civil law in the overall concept tends to coincide, not only in the litigation rights but also in the economic interests, more thoroughly to the rights of victims of crime to the state relief, has become the current and trend of the development of the criminal legal system in the world. Although the national compensation system for victims in South Korea was established later than the major countries in Europe and the United States, it has fully drawn lessons from European and American legislation and combined with the reality of its own country, especially the relief work for victims of crime has been legalized. A more perfect state compensation system has been established. At present, China has not established a unified national compensation system for victims of crime, but many regions have begun to try various ways of compensation and relief for victims. This article mainly compares and analyzes the development situation, the institution establishment, the fund source, the compensation object and the compensation range of the national compensation system of the crime victim in China and Korea, and tries to find out the enlightenment point. Therefore, it is of mutual understanding and significance to further improve and construct the national compensation system for crime victims in the two countries. This paper consists of three chapters. The first chapter is an overview of the state compensation system for victims of crime. Starting with the concept of crime victims, this paper describes the human rights protection of crime victims in international law, the significance and historical evolution of national compensation system for crime victims, and analyzes various theories of national compensation system for crime victims. The second chapter, China and South Korea crime victims of national compensation system comparative analysis. Based on the comparison and analysis of the existing compensation system for victims of crime in China and South Korea, the author puts forward some suggestions on the construction of national compensation system for victims of crime in China. The third chapter, the perfection of the national compensation system of Korean crime victims and its enlightenment to China. This paper analyzes the problems existing in the national compensation system for the victims of crime in Korea in order to provide reference for the establishment of the national compensation system for the victims of crime in China.
【学位授予单位】：中国海洋大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.2;D931.26
【引证文献】
相关硕士学位论文 前1条
1 杨珊;刑事被害人国家补偿制度基本原则研究[D];山东大学;2013年
，本文编号：2271507
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