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UM E-Theses Collection (澳門大學電子學位論文庫)

Title

International legal protection and domestic relief system for victims of miscarriage of justice

English Abstract

ABSTRACT To ensure every guilty person subject to certain criminal penalties, to protect every innocent people immune from wrongful penalties, to realize the pursuit of justice for victims, to achieve the reunification of crime punishment and the protection of human rights, these are the values of ideal criminal proceedings that every country has been seeking for. In spite of such values and goals, the risk of miscarriage of justice always exists in any justice system. Such risks threaten the level of confidence of the people and specific measures to prevent and redress victims of miscarriage of justice are crucial to reinforce the reliability of any legal system. Due to the limited awareness of the judicial capacity and ability, these miscarriages of justice are inevitable to some degree. The way of treating the victims of miscarriage of justice is not only a measure of the country's factor to judge its development level of the rule of law, but also a guarantee to protect the human rights. Victims of miscarriage of justice could include not only a misjudged defendant, but also applicants or complainants whose cause of action is wrongly dismissed. Therefore, how to provide relief system for victims of miscarriage of justice, how to protect the innocent people from the wrongful prosecution, and how to reasonably appease victim's emotion are addressed by substantive and procedural justice. Building a viable relief system through consideration of different relief system in various countries is the way to establish a sound mechanism for redressing the victims of miscarriage of justice. KEY WORDS Miscarriage of Justice; Victims of Miscarriage of Justice; Human Rights; Legal Protection, Domestic Relief System.

Issue date

2016.

Author

Guo, Qing Xue

Faculty

Faculty of Law

Degree

LL.M.

Subject

Criminal justice, Administration of

Judicial error

Supervisor

Ramaswamy Muruga Perumal

Files In This Item

TOC & Abstract

Location
1/F Zone C
Library URL
991001783249706306