Research On The Legal System Of Criminal Damages Compensation

Criminal damages compensation refers to the compensation of the material or moral damage for a specific victim (subject to criminal acts against the citizens, legal persons or other organizations) in a criminal case, as a result of criminal acts. Whether the nature of compensation is the civil rights of individuals belonging to the victim or the perpetrator of criminal responsibility? This author argues that criminal damages compensation should fall within the criminal responsibility. If there is no division between criminal law and civil law, the division of criminal damages compensation makes no sense in this legal environment, but otherwise, in modern society, criminal law and civil law are separate, the division of criminal damages compensation has a positive meaning. It impacts the criminal sentences and criminal prevention directly. This article runs through the criminal nature of the criminal damage started this thread, from the definition of the meaning of penal damages, historical development, and theoretical basis, to examine the status quo, as well as improve several aspects of the system. Its system is designed to make it more perfect on the legislative and play a guiding role on judicial practice.In addition to the preface and conclusion section, the article contains five parts totally. It talks about the value as well as the significance of studying the criminal damanges compensation simply in the preface part. With the further development of law, the concerns protection of human rights, and the maturing victims learn, the victim's rights get more and more attention, victims suffering from criminal acts of revenge against not only the psychological after, there is also seeking compensation for psychological, criminal damage compensation came into being. It can be said of criminal damages compensation to protect the interests of victims, punishment and crime prevention have a positive meaning. Preamble of the text is discussed in primers designed to elicit the meaning of criminal damage, and thus to carry out the later discussion.The first part is to define the concept of compensation for criminal damage. This article starts from the criminal damage and criminal compensation, compensation from the State the difference between starting on the concept of compensation for criminal damage in order to qualify, thus a clear text of the study what kind of compensation for damages. On the basis of the concept clear, the article has the characteristics of the criminal damages analysis, that the criminal should have the criminal nature of damages, punitive, the main particularity of character. These features further define the concept of compensation for criminal damage, so that the object is more clearly discussed. In elaborating the concept of compensation for criminal damage, the article further on the criminal damage of specific research significance. This part of the victim through the study of the value of the offender's positive impact on the penalty restrictions on the right and the significance of the practice of criminal justice discussed in four aspects, thus further enrich the study of the value of compensation for criminal damage.The second part is the research of historical origins of criminal damages compensation. Although the victims of criminal damages compensation is the product of the rise of science, but from the history of human development of law, we can get that the origin of the history of the social behavior, compensation for victims of crime, can be traced back to primitive society. Criminal damages to the decline experienced by the budding and then to the three stages of recovery, every of them have their own characteristics. Criminal damage compensation from the embryonic stage can be seen, the criminal damage is a product of development of productive forces, because at that time all kinds of law are not separate, therefore it is not realistic to talk about the property. At the same time, compensation for criminal damage embryonic stage of development experience force by the private relief to the course of public remedy, but also with inequities. With the continuous expansion of state power, criminal damages compensation once declined into the period of public prosecution system in this period the emergence of criminal fines began to be universally applied, the corresponding society came into the "victim fading era." With the rise of the study of victims, the criminal damage compensation has re-entered the vision of theorists and practitioners, its road to recovery began. The performance of the revival of the theory included academia, seminars, international conferences, as well as national legislation to discuss cases of confirmation. By studying the development process of the criminal damage to the system will enable us to gain a deeper understanding, and make clear that it is the kind of things with a strong vitality, while the root causes of hampering their development is the expansion of state power to promote the revival of the fundamental. The reason is also the national public power constraints and the concern about the rights of victims. These historical processes for our study of criminal damages, indicating the development of criminal damages, require us to protect human rights perspective, especially the victims-rights perspective.Part III is about the theory of Origin of criminal damage. Experienced a decline in criminal damages to the rehabilitation process, the theory is actually continuous improvement process. This part started in the nature of the theory of the crime from the nature of the re-interpretation of crime to criticize the same time as the various theories proposed in this paper in order to infringe the rights of victims of crime as a perspective on the nature of the tone, it is the support of this theory makes the criminal damage With a firm theoretical basis for compensation. Trend of private law of criminal law makes criminal damage means of reparation came into being precisely because of the emergence of the public criminal law, contracts, criminal law continued penetration of the spirit as well as criminal liability for non-punitive trend has led to criminal liability for compensation as a commitment to the possibility and necessity of the way. In addition, the changes of criminal law concepts in the modern sense to people's focus of attention shifted to the Criminal Code of the perpetrators of the correction, punishment and prevention of crime and the protection of the rights of victims up the penalty change the purpose of restorative justice theory, the impact of Modesty of the advocates of criminal law has further enriched the theory of criminal damages to prove the reasons for damages in a criminal can continue to spread after the revival. Part IV is divided into the status of review of criminal damage. The first three chapters are the natural state of criminal damage compensation that should be study, and this part of the damages set out in our criminal justice legislation and the real contingencies. Theoretical basis for the purposes of guiding our practice, precisely because in reality there are many problems we have only enabled us to study the theory with the momentum of reform has enabled us to become more meaningful. This in part through the general provisions of criminal law, criminal law, sub-rule, the criminal with civil, criminal status of the reconciliation and other related laws and regulations to set out the criminal damage legislation in our country the status quo, through the practice of criminal damage analysis of two aspects of the status quo and the reasons discussed in compensation for criminal damage the application in China. Legislation and judicial practice, we have further improved the status quo are all provided the basis for compensation for criminal damage, disorder of the property to determine requirements in the legislation clearly criminal nature of the responsibility for damages, as well as the concrete realization of criminal damage done clearly defined; judicial practices illustrates the application of the criminal-related damages is happy to be accepted by the victim, but because of the rationale behind and the practice of the difficulties and other factors led to the decision of criminal damage have fewer difficulties in practical implementation of the defects. The plight of the legislative and judicial compensation for criminal damage and lay paved the way for the improvement.The fifth part of the system is the proposal to improve the compensation for criminal damage. The above four chapters cover the bedding, based on the improvement of criminal damage compensation system logical. In this paper, the relevant norms of civil law, reference, discusses the compensation system and improve the criminal damage. Firstly, determine the principle of compensation for criminal damage, and then the article on criminal damages as to the scope of discussion that the value of damages from a criminal perspective, it shall apply to all criminal cases there are specific victims, but for repeat offenders and so on should be exception to restrictions, would not only be able to adequately protect the interests of victims, but also take into account the interests of the state and society. In the discussion on the scope of compensation of our criminal damage, we takes the status of legislation defects into account, that the scope of criminal compensation for damages should include compensation for personal and property damages. Realization form of compensation that mere monetary compensation in order to avoid all the shortcomings, the proposed forms of compensation should be diversified to include not only compensation for property damages should also include actions to expand the forms of compensation, more conducive to the realization of the compensation. Finally, in the path of criminal procedural damages issue, the article view of the current status of our country that the implementation of criminal damages should mainly rely on criminal reconciliation, if the settlement fails it is recommended that victims bring a civil action, so that is conducive to criminal damage compensation Objective achieved. This paper argues that, since the criminal damage of criminal responsibility is a way of compensation, then the main body of its application can only be a people's court, while criminal damage compensation have to rely on the criminal settlement, but its entry into force still have to rely on the criminal sentence.Summary part again re-emphasized the criminal nature of criminal damage and value, and also discussed the meaning of damages involved criminal area. The article advocated that criminal damages compensation as the criminal responsibility promoted the goal to realize. The goal is that the development of criminal law ended in the Penal Code without the penalty. In addition, compensation for criminal damage protection system-the national compensation, social insurance system, the improvement of criminal damage can play a certain role in promoting our research and therefore it is quite valuable.