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Macau Periodical Index (澳門期刊論文索引)
- Author
- Zhao, Guoling
- Title
- Development of victim protection in Mainland China and its impact in criminal law
- Journal Name
- Universidade de Macau : Boletim da Faculdade de Direito = 法律學院學報
- Pub. Info
- 2020, No. 47, pp. 149-160
- Keyword
- Victims of Crime；Victim Proection；Victim Compensation；Victim Reparation
- Abstract
- This paper offers a comparative analysis of protection for crime victims and its impact in criminal law. The paper includes four parts. First, justice, and two ways of protection of victims in parctice.Second, an attempt to compare compensation for victims in differents countries, so as to provide reference for China's victim protection system. Third, a focus on victim protection in criminal law. The paper hopes this discussion can help us to seek common grounds and leave aside differences and bring advancement in the protection of victims. Paragraph Headings: 1. Victim protection in Mainland China's criminal justice: legal texts and practice 1.1. The image of victims in legal text and practice 1.2. Protection of victim's rights in practice 2. The reference of victim compensation System: types and characteritics 2.1. Subrogation 2.2. Ex gratia payment 2.3. Social compensation 3. Victim reparation in Mainland China: comparison and choice 4. The impact of victim protection in criminal Law: challenges and prospects 4.1. Recongnition of victim's right of self-determination affects the scope of private prosecution in criminal law 4.2. Victim's special relationship with the offender constitues aggravation of mitigation factors in some crimes, and even affects the establishment of the crimes 4.3. The victim's consent can stop the crime from being established 4.4. Victim's fault can affect the results of sentencing 4.5. The restitution agreement between the offender and the victim can lessen the sentencing