Research On Compensation System In Criminal Law

Crime does not only infringe national security, social order, economic order, but also infringe the victim's personal rights, property rights and other legal rights, which means the compensation liability of the criminal and the victim is caused by the crime. Different from the common tort damages, this kind of compensation responsibility originates from the crime, so the criminal liability spans all aspects of the criminal, the victim and the country. The compensation system in the criminal law grows in the criminal law and civil law, between the substantive law and the procedural law. As a marginal system, the research on it is usually focused on the procedure in the field of procedural law. However, the development of any system cannot be separated from the theoretical premise, and finally return to the system of ownership. The non-penalty method is the essential attribute of compensation in criminal law, however, it has in a vacuum state for a long time in the study of criminal law. The absence of the non-penalty method in the criminal responsibility system is the embodiment of the research of criminal law. This article studies the compensation in criminal law systematically from the aspect of criminal law. The article is divided into four chapters.The first chapter is an overview of the compensation system in the criminal law. First of all, the compensation in the criminal law is defined. The compensation system in criminal law includes the compensation for economic losses ruled in 36th article of the criminal law, and the compensation for losses in the 37th article. The compensation in the criminal law is a kind of compensation system in the law. However, because of its criminal attribute, it is different from the compensation of tort damages, punitive damages, state compensation and other measures. It is not appropriate that the victim's economic loss are divided by 36th article,37th article,64th article and take damages and then taken different remedy measures. Secondly, the compensation in criminal law has the compound attribute of both civil liability and criminal responsibility. In the criminal responsibility system, the non-penalty punishment system which is represented by compensation should occupy a place. China's criminal law places 36th and 37th acticle in the first section of "the kind of punishment" in the third chapter of the "penalty". But this article analyzes that our criminal law does not place the non-penalty method into the penalty system. The non-penalty method shall be ruled in a special section, and form the result of crime with penalty.The second chapter is the basic theory of compensation system in criminal law. The value orientation and function of compensation system in criminal law is the foundation, support and explanation of this system. First of all, the compensation system in criminal law directly points to the shortcomings of the traditional concept of crime and the pattern of criminal justice. People's understanding of crime has experienced the process of taking the victim as the center to taking the criminal as the center, and then to seeking the protection of the victim and the punishment of the criminals, and compensation is the key to the relief of victims' rights. Restoration of justice, which focuses on compensation and recovery, is a useful complement to the traditional revenge justice. Accordingly the compensation in the criminal law is divided into the compensation for revenge and the compensation for recovery. As a kind of circumstance of exempt from punishment and lenient punishment, compensation plays a great role in depenalization and the mitigation of punishment. Different function directly impacts on the scope of compensation, compensation standards and other issues.The third chapter is the emphasis of this article, which is the effect of compensation to criminal responsibility. This paper analyzes the relevant legislation in our country's criminal law and the judicial interpretation, and denies the rationality of that compensation can have effect on conviction. Secondly, the criticism of "paying for punishment" is responded in this chapter, and the validity of the effect of compensation on criminal liability is demonstrated. And through the analysis of more than 1000 cases, In the judicial practice, the scope of the compensation which is as the sentencing circumstances is investigated from the aspects of the causes of the case and the legal punishment. It is considered that the scope of criminal reconciliation ruled in the Criminal Procedure Law is too narrow. In addition to the nature of the case itself, which determines that the conditions are not applicable to apply the criminal reconciliation, the effect of compensation on sentencing can be used in all cases which have direct victims. In the case of death penalty, compensation should be taken as a measure to limit the death penalty. But it should be limited to the crime that only infringes citizens' personal legal interests, and it should be combined with other circumstances which reflect the criminal's attitude of confession, in order to fully judge the necessity of the special prevention of the criminal.The fourth chapter is the application of the compensation system in the criminal law. This chapter analyzes the applicable premise, the subject of compensation, the scope of compensation, the compensation standard and the realization path of the compensation system. First of all,"exempted from criminal punishment" is one of the premises of compcnsation ruled by 37th article. This article believes that it can be directly exempted from punishment according to the provisions of 37th article of criminal law, when the case does not have the circumstances of exempt from punishment which ruled by the provisions of the criminal law. Secondly, the liability of the criminal is not limited to the compensation for the loss of property,the victim's spiritual damage, death compensation, disability compensation should also belong to the category of criminal compensation. So the scope of the supplementary civil action provided by Criminal Procedure Law should be extended. Thirdly, compensation for loss is the primaiy purpose and function of compensation in criminal law, so the amount of compensation shall be determined in accordance with the standard of Hill compensation,while the standard of the criminal capacity which is widely used in the judicial practice should be abandoned. Finally, the path of realization of the compensation system is clarified. This article advocates to establish the investigation system of criminars property, improve the property preservation measures, and coordinate conflict between the procedure of the compensation and the criminal reconciliation and other related procedures.