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Perspectives on Chinese establishing state compensation
system for victim of crimes
SUN Qian
Front. Law China. 2008, 3 (3): 388-407.
https://doi.org/10.1007/s11463-008-0018-4
The theory of recovering social justice, public remedy to rights, balance of interests and value of benefits are the basis for the establishment of state compensation system for victim of crimes, which is necessary and feasible in China. In accordance with the principles of obtaining justice and fair treatment, relying mainly on the offender’s compensation, supplemented by state compensation, state compensation with certain conditions, state compensation in due process, and the degree of compensation proportionate to the extent of damage, the related criminal legislation should provide the scope of subjects eligible for compensation, the object and limit of compensation, the competent agency of compensation, the procedure of compensation and so on.
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Issues of Chinese legislation on public environmental
lawsuits and the way out ━Latest development of American case law
and its practice for reference
CHANG Jiwen
Front. Law China. 2008, 3 (3): 455-476.
https://doi.org/10.1007/s11463-008-0021-9
In developing Chinese legislation on public environmental lawsuits, it is not only to amend the Constitution, Law on Environmental Protection, Civil Procedure Law and Criminal Procedure Law from the aspect of legislative system, but also revise environmental regulations and judicial interpretation. In specific regulations, it is to explicitly define the scope of environmental citizen lawsuits to be accepted and heard by court, conditions of subjects, preconditions of litigation, procedures and rules for hearings, petitions of plaintiffs, modes and conditions for presenting evidence, which should not only affirm citizens’ environmental rights, extend the scope of environmental damages and the scope of cases that indirect individuals can exercise the right to sue, but also establish litigation intervention system, environmental public prosecution system, and charging standard for the participation of attorneys.
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