Study On Criminal Compensation System

This paper, consisting of 7 chapters, covers the introduction, historical development, theoretical foundation, legislative mode, culpability principle, scope and standards, procedures of criminal compensation system.Chapter one, introduction. In this chapter, the designation, meaning and function are discussed.In the first section of this chapter the author reviewing the different designations of this system and analyzing the related advantages and disadvantages and legislative orientations, finally, the author comes out with the conclusion: "criminal compensation" is the most appropriate and scientific designation for this system.The second section of this chapter is about meaning of criminal compensation system. According to the author, the meaning of criminal compensation system should be explained in three aspects: Firstly, the state should compensate to the individual victims for the infringement of citizen's rights by the public authorities. Secondly, some conditions should be satisfied to claim for criminal compensation. Finally, the state, after performing the compensation liability, should ask the corresponding organization or staff with intended or substantial misconduct to recover the compensation.The function of criminal compensation system is explored in the third section. According to the author, the function of criminal compensation system is demonstrated in the three fields: Firstly, the system is helpful to protect the legal rights of victims; Secondly, the system is instrumental in regulating the behaviors of prosecuting, adjudication and regulating organizations and their staff. Finally, the system can give better protection to the well-performing organizations and staff.Chapter two, the history of criminal compensation system. In this chapter, the first section is focused on the historical development of foreign criminal compensation system; the second section is emphasized on the historical development of criminal compensation system in China.In the first section, the author examines the budding, establishment and development of criminal compensation system in Germany, France, England and...