报告
Progress in the Human Rights Judicial Protection as Reflected in the Verdicts Delivered by the People’s Courts at All Levels Concerning the State Compensation
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李君如 ,男,研究员,博士生导师,中国人权研究会第四届理事会副会长,中共中央党校原副校长,第十届全国政协委员、第十一届全国政协常委,国务院政府特殊津贴享受者。曾发表《中国在人权事业上的历史性进步》《人权实现及其评估方法研究》《社会建设与人权事业》《“十二五”规划与中国人权事业发展》《中国的文化变革与人权事业的进步》《中国梦,中国人民的人权梦》《在全面推进法治中全面保障人权》等学术论文,曾获联合国艾滋病规划署颁发的“艾滋病防治特殊贡献奖”。
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Progress in the Human Rights Judicial Protection as Reflected in the Verdicts Delivered by the People’s Courts at All Levels Concerning the State Compensation
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报告目录
- I Source and Distribution of the Sample Verdicts
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II Analysis on the Current Situation of the Remedy of the Rights of Claimants to Criminal Compensation
- 1 Time for Case Hearing and Execution - “Late Justice is not Justice”
- 2 Whether Claimants to Criminal Compensation Had a Lawyer - “How We Enjoy Justice without a Lawyer”
- 3 The content of Criminal Compensation - Whether the Compensation for Emotional Damages was Approved
- 1)Claim and Approval for Compensation for Emotional Damages
- 2)Approval Level for Compensation for Emotional Damages
- 4 Failure in Claiming for Compensation - Claimants’ Fundamental Legal Awareness and Capability
- 1)The legal basis claimants selected for claiming for criminal compensation was not in compliance with the provisions of State Compensation Law.
- 2)Claimants had not acquired criminal compensation because of their poor capability in seeking for the remedy of their rights.
- 3)Claimants to criminal compensation were acquitted because of the revision of related laws and regulations.
- 5 Ways of Claiming for Compensation - Negotiation and Reconciliation System
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III The Continuous Improvement of the Remedy of the Rights of Claimants to Criminal Compensation
- 1 Encouraging More Lawyers to Participate in Criminal Compensation Procedures
- 2 Improving the System on Compensation for Emotional Damages
- 3 Ensuring the Effective Implementation of the Negotiation and Reconciliation System
- 4 Improving claimants’ personal capability in applying laws and regulations is the key to acquiring adequate remedy of their rights.
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