我国刑事赔偿制度之改革 |
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摘 要: |
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Reforms on the criminal compensation system of China |
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Authors: | Yuguan Yang |
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Institution: | (1) Procedure Law Research Institution, China University of Political Science and Law, Beijing, 100088, China |
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Abstract: | In reference to the United Nations International Covenant on Civil and Political Rights (hereinafter referred to “the Covenants”),
the state compensation system of China in criminal justice shall be reformed as such: Compensation for a miscarriage of justice
should not be determined by the results of first instance or second instance, but no guilty through retrial in the final trial
upon finding of new evidences. If policemen, prosecutors and judiciaries take lawful measures, causing loss to the suspected
due to arrest, detention or other enforcement in the criminal proceedings, the suspected should not get the state compensation
for that even if he is decided no guilty in the final trial. If the suspected is cooped up illegally, he should get the state
compensation even if being decided guilty finally. The measures of search and seizure should be included in coercive measures,
hence differentiating the lawful search and seizure and the unlawful infringement of the property rights.
Yang Yuguan, Professor of the Procedure Law Institute in China University of Political Science and Law, whose research mainly
covers procedure law and human rights law. He wrote many books and essays, for instance, “Computer and Crime” (1986), “On
Plea Bargaining” (1986), “Basic Education in Prisons in China” (1995), “The United Nations Crime Prevention and Criminal Justice
Policy” (1996), “On the Ratification and Implementation of the International Covenant on Civil and Political Rights” (2000),
“On Hearsay” (2001), “On Exclusionary Rule” (2002), “Human Rights Law: Study On International Covenant on Civil and Political
Right” (2003), “The International Criminal Court: Idea, reality and Prospective” (2007), “Death Penalty Control with Procedural
Law” (2006), “On Due Process of Law and Human Rights Protection” (2005). He was once a researcher fellow of Ministry of Justice
of China, a member of the Crime Prevention Branch of the United Nations Office at Vienna, and an editor-in-chief in some books,
such as “The United Nations Criminal Justice Norms and Standards”, “The United Nations Human Rights Treaty Bodies and their
Comments”, “A Study On UN Convention of Anti-corruption”. |
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Keywords: | criminal proceedings state compensation human rights protection suggestions on reform |
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