analysis of extraterritorial criminal victims relief program the basic characteristics（分析域外刑事被害人救助计划的基本特征）.docVIP

Analysis of extraterritorial criminal victims relief program the basic characteristics Abstracts based on different theoretical basis, as well as by the state’s financial situation, or other factors, States on criminal victim relief object, scope, methods, duration, and other procedural requirements for enforcement authorities there are obvious differences. But as a legal process, the victim’s relief program should meet the criteria of procedural justice, and should receive the relevant international human rights instruments of restraint, and these standards form the national legislation to follow the common objective law and general principles. This paper investigated the United States, Britain, Japan, Germany, France, Canada and other countries Crime Victims Relief System, based on the rule of law on the victim’s relief program a common feature slightly Chen humble opinion. Paper Keywords Extraterritorial Criminal Victims Compensation Program First, the review process is not proceeding or judicial proceedings, relief program to solve the problem is not the civil legal relations Victims relief system and tort law system there is some connection. One of the major manifestations are: For the calculation of benefits and tort States have generally adopted the losses linked to the method of calculating the standard. For example, victims of violent crime caused serious injury cases, different remedies acceptable level of damage is not consistent standards, and hurt the division level as well as medical expenses, lost income, loss of alimony calculation method is similar to raise fees in the calculation of tort litigation . In addition, victims of violent crime caused the death of a close relative of the victim and other dependents brought relief to the sequence and scope of application, which are related to tort wears similar. This is one; Second, the applicant submit a written application, its need to achieve a relatively low standard of proof, it is w