If we recognize the concept of the "rule of law"，So，Nie Shubin and other wrong case victims can be called the "martyr" of the rule of law。Just as Judge Jiang Bixin, deputy director of the Supreme People's Court, said in his speech at the Chairman Meeting of the National Higher Court Court，The victim of the wrong case is actually equal to a tragedy form as the public interest -the progress of the rule of law has made a "special sacrifice"，"Passive" promotes the progress of the rule of law。Each of our other people indirectly due to their sacrifice、The progress of the rule of law is sheltered，All "beneficiaries"，This can also be said to be the "marginal benefit" of the wrong case。Therefore，We are more obliged to the right of the victim of the wrong case、Contributions to the protection of dignity。

　　bet365 live casino games

Human Dignity，or human dignity、Human dignity, etc.，Different translations，You can mix it in a similar language context，is one of the basic theoretical issues of law。Human dignity is also right，Rights are an open category，As things、Social Development，Extension will inevitably expand。Emerging rights are the inheritance and innovation of the right of rights。In recent years，Professor Yao Jianzong's right to introduce emerging rights，Quite new meaning。"Emerging" or "Emerging Rights"，There are two simple categories: one is that it has not existed before and with technology、Economy、Society、The right to develop culture; there is also a right that has always existed、"Buried"，But less for people、Not discovered by people、The right to excavate and protect it，"Emerging" or emerging bet365 Play online games rights such as "buried objects" and "fossils" similar to civil law。As for not being discovered、The reason why pay attention，lies in the level of people's understanding、Discovery、Consciousness、Legal development level、Academic refinement level、Social development stage and other factors。

The personality dignity of the victim of the victim of the wrong case is a well -known "old right"，Personal dignity in the wrong case，is one of the extensions of emerging rights。The dignity of a person has detailed discussion in Kant，However, the personality dignity of the damaged person who is damaged by the victim of the wrong case today has a new meaning，It urgently needs to get more fully reflected and protected in the real law。First，The compensation for the personality dignity of the damaged personality of the victim of the wrong case is an important part of judicial relief，It's justice、Judicial civilization、Key assignments for rights protection。At the same time，Pay attention to the protection and compensation of the personality dignity of the victim of the wrong case，It can play an important role for the prevention of the wrong case。The dignity protection of people in the process of criminal justice，compensation for damage of human dignity、Make up is an important practical field of personality dignity research and protection，It has great theoretical and practical value。

　　The meaning of criminal compensation for the protection of personality dignity

State compensation as a discipline has general theory and division theory，The general theory includes the philosophical basis of national compensation、Basic principles, etc.，Division theory includes specific compensation areas。The wrong case includes administrative wrong cases and criminal wrong cases，Correspondingly，Compensation also includes administrative compensation and criminal bet365 live casino games state compensation。Administrative compensation is the main component of national compensation，Criminal compensation refers to the mistakes of the judiciary、Mistake catch、State compensation caused by wrong judgment。Criminal state compensation is also meaningful than criminal compensation，For criminal compensation, it can also refer to compensation between criminal cases privately。In reality，It is not uncommon to attribute state compensation as the exclusive situation of administrative law，There are not many law schools that offer national compensation courses in China，and Criminal Procedure Law to list the state compensation law as the basic course.。This article adopts the method of criminal compensation (or national compensation of criminal wrong cases)，It is to remind you that there is such a distinction。

Wrong case、Torture forced confession and national compensation is three parts that are closely related。The wrong case naturally involves national compensation，State compensation reflects the function of correction justice，is the last relief process of justice，"It allows the injustice to promote the errors of 'government departments' correction"，Essentialness is the obligation caused by public power infringement，Have maintenance、Make up the function of the victim's rights，Relief rights、Protection of human rights is its direct function，The function of invisible is the prevention and accountability of the wrong case，As the Vice President Tao Kaiyuan of the Supreme People's Court speeches at the National Court of Court of Compensation，"Promoting defense，Promoting the management "，After all, "Preventing the occurrence of national infringement，It is also the ultimate care of people "。At the same time，Prevention of the wrong case also reduces the source and pressure of state compensation，So that the state compensation has more space，The two Bet365 lotto review complement each other。"Implicate treatment is not sick"，The concept of national compensation，Including legislative concepts、Judicial concept, etc.，It should also take the initiative。The "National Compensation Law" before the revision of the National Compensation Law "The application for the application of the criminal state compensation requires the obligation authority to confirm that it is indeed illegal"，Is a more typical negative legislative attitude or a legislative manifestation of "playing Tai Chi"。State compensation means non -difficulty to the harm。That is, national compensation also has punitive functions，Help to torture confession、Prevention of the wrong case。The ultimate goal of national compensation is not just relief，is to prevent it。

State compensation is not sound enough and the wrong case occurs，Scholars are rarely attributed to the lack of attention to personality dignity。But，The emphasis on the dignity of people and their research are the state compensation、The key to the prevention of confession and wrong cases of torture，The three are closely related。Zhang Chuanwei also mentioned that the state compensation of the state compensation for torture should include the right to personality dignity。my country has rehabilitated a lot of wrong cases in recent years，and the wrong case is often related to torture for confession，Torture forces generally involve the infringement of the personality dignity of the victim。

Taking the injustice as an example，Can the personality dignity of the injustice be made up、How to compensate? Generally looking at，Money compensation is only useful for the family members of the victims，It has nothing to do with the injustice，Apology also lost the real significance because of the death of the injustice，This is the personality dignity in the sense of "subjective dignity"。Personal dignity bet365 best casino games also has a type of meaning.、Judgment "，Take torture for confession as an example，Torture for the essence of the violation of personality dignity is: victims and torture confession for planning、A relationship between the main body of the human subject，It can also be said to be a social (relationship) attribute of personality dignity。So，Make up of the personality dignity damaged by the injustice，It is also required to make up for the wrongdoing of the wrongdoers for the wrong case.，Apology apology is like this in a sense。The personality dignity that is damaged due to torture such as torture for torture can be made up，It should not die because of death，"Rights Beginning Beginning and Finally Death" should be broken here，That is, the compensation of the existence of rights and the damage of rights can make up for the absence of life until the death of life。

　　New method of prevention and personality of personality dignity

National compensation，It is a remedy of human dignity、Maintenance Practice Field。The existing national compensation method clearly clearly scope of criminal compensation，Freedom、Life and health, etc.，But the protection of personality dignity is not listed。National Compensation Law as the law of rights guarantee and relief in my country's legal system，I have obliged to fully respect personality dignity、Protecting citizen's personality and interests。National compensation methods are constantly enriching，Psychological compensation in addition to money compensation should also be further valued，After all, non -property damage "can soothe the victims who suffer from serious mental injuries due to infringement by confirming the dignity of a person，You can sanction improper behavior "，This can better protect、Religion of the victims of relief。In view of the attributes of spiritual compensation，and existing wrong case Bet365 lotto review prevention methods and implementation effects，You can consider using the "soft" "rule of law cultural method"，Including: the establishment of a cemetery system for the establishment of an injustice、Reflection on the wrong case、Memorial Museum of the wrong case，This involves ritual (learning)、Knowledge content of anthropology，I do not expand in detail here。Some scholars、The judge advocates the diversification of relief methods，For example, Professor Jiahong emphasized that the role of the rule of law culture in the wrong case of the wrong case，This idea is precious in terms of wrong case prevention。

In short，The amendments to the future State Compensation Law should include the concrete of psychological compensation、Diversity of compensation methods、Expansion of the scope of compensation。State compensation scope、Rich and expand of compensation methods，The connotation of more substantive law、The intention of active compensation。It is the right of personality dignity in the wrong case that the right of personality is not recognized and valued，As a result, it fails to be effectively protected。such "emerging rights"、The right of "Old and New" that has not been discovered，It should be finally reflected in the State Compensation Law (whether the "general theory part"，Still compensation method、In the provisions of the object)。National compensation、Wrong case prevention、Protection of personality dignity，It is a three -sided thing，It can be thought in combination under the same rule of law，State compensation is also a cross -disciplinary issue。Human dignity as the rule of law、Important category of humanities and social sciences，The basic category of law proposed by Professor Hu Yuhong，It is necessary to practice targeting and application fields，Just happen to the wrong case prevention and the Bet365 app download dignity of the victims of the victims of the wrong case is this field，Common attention to each discipline。

　(This article is the Study of the National Social Science Fund key project "Research on the Legal Credit Law Path" (15AFX013) phased achievement)

(Author Unit: Wang Jian Law College of Suzhou University)