Study On The State Criminal Victim Compensation System

The thinking and practice of protecting criminal victim have a long history in China and other countries. Modern legal state pays more attention on protecting the right of criminal victim. From 60th in 20 centuries, many western countries have set up a special mechanism for protecting the criminal victim, The State Criminal Victim Compensation System, which provides compensation for the criminal victim on the loss incurred by crime. In recent years, China's theoretical circles have been paying a great attention on The State Criminal Victim Compensation System and making a wide and deep research on this subject. Practical circles as well have been making a series of meaningful research and many places have been chosen to have a test on it. Regarding the feedback from these testing places, the current protecting system has taken an important role on protecting the right and improving the life of the victim, as well as stabilizing the society. However, due to lacking of a unified legal framework, the full measure of this system has been limited to a large extent.For promoting the legitimization process on The State Criminal Victim Compensation System and setting up this system of China, this paper, based on establishing the spirit of protecting criminal victim, will try to make a comprehensive analysis on The State Criminal Victim Compensation System in six aspects.Chapter 1, The State of Criminal Victim Compensation System in China. Theory research and system construction should base on the reality. So in the beginning, I focus on the local practice of Criminal Victim Compensation System and summarized the characteristics, effects and the insufficiencies in its practice in china. Furthermore I found the four mainly factors which make the Criminal Victim Compensation System going not so well in china. The first factor is the traditional legal culture rejection, the second factor is the emphasis on the interests of the state and ignoring the personal interests, the third factor is the last factor is the unbalance of Offenders and Victims rights protection, the last factor is the Lacking of Victims Protection Research.Chapter2, comparison on and learning from oversea The State Criminal Victim Compensation System. I will compare China's system with other countries system from macro legislative technique and micro legal regulation, finding that oversea state criminal victim compensation system is a good reference for setting up China's system and also need to learn the several virtues from other countries legal regulations, such as state oriented legislation, regulation complied with national conditions, gradually improving legal system and proving supporting measures.Chapter3, legislative evaluation on The State Criminal Victim Compensation System in china. Legislative evaluation is not only the stage of insuring science of legislation, but also the efficient measure on promoting the executive performance of law. Setting up the legislative evaluation mechanism is the premise on constructing The State Criminal Victim Compensation System and also the key discussed issue of this paper. Based on summarizing the development and content of legislative evaluation mechanism, I will discuss the necessity of this mechanism according to legislative form, legislative background and legislative item; then make a projection on the post positive and negative performance and put forward the corresponding policies, providing a feasibility evaluation on the legislation of The State Criminal Victim Compensation System.Chapter4, the theoretical foundation and value orientation of The State Criminal Victim Compensation System in china. Based on introducing and analyzing the following theories, such as the state responsibility, the theory of welfare society, the theory of social insurance and the theory of criminal policy, as well as fully absorbing the benefits of other theories, I will focus on the theory of state responsibility and the theory of social insurance which advocating the principle of risk sharing and then bring out the value orientation of The State Criminal Victim Compensation System, protecting the comprehensive and equilibrium human right, as well as recovering fare and justice.Chapter5, legislation on The State Criminal Victim Compensation System in china. Legislation on The State Criminal Victim Compensation System is another key discussed issue of this paper. In this chapter, I will make a comprehensive discussion on the legislation principle, legislation form and legislation design. According to China's practical conditions, I put forward that this legislation should be based on Institution, legal system, democracy and science, as well as necessity, limitation and efficiency; Take a single Compensation Act legislation; Specific design objects and conditions of compensation, compensation funds, compensation agencies, and compensation procedures.Chapter6, the diversified methods of protecting the rights of criminal victim. It is not enough to protect the legal rights of criminal victim just depending on one or two laws and it is necessary to diversify the solving measures to meet this issue. On one side, we should enhance protecting measures to prevent crime in advance and strengthen The Crime Victimization Prevention. Training Crime Victimization prevention awareness, establishing The Crime Victimization Survey System and The Victim Responsibility Investigation System. On the other side, we should strengthen the compensating measures and further improve the victim compensation and social assistance measures.