The Study Of State Compensation System For Criminal Victims In China

The State Criminal Victim Compensation System refers to a system that in criminal cases the nation through the legal process correspondingly compensates the victims and their close relatives who can not obtain compensation from the defendant but urgently in need of compensation. Its presence helps the victims and their close relatives in criminal cases out of their predicament, to resume a normal life; degrees helps maintain judicial authority to protect the criminal system to operate normally; its presence is also conducive to completely resolve social disputes to protect building a harmonious socialist society carried out smoothly. In China's current judicial practice, we have been carried out many useful explorations on how to build the system, but it is undeniable that in these pilot projects the existing problems are mainly as follows: characterization is not accurate, names are not allowed to determine, the competent authorities are not clear and a lack of effective coordination between them , funding sources is single and vulnerable to being impacted by local financial strength, legislation is scattered, the effectiveness is not high and lack of national legal norms, procedures set loosely, operability is not strong enough and so on. To address these problems and build a unified State Criminal Victims Compensation System is imperative. In the building process should adhere to the basic principles of the limited compensation, supplemental compensation, timely compensation, monetary compensation and other basic principles. As to the specific building measures, first of all, it should be carried out to determine the name of the system, unified as " The State Criminal Victim Compensation System"; secondly, it should be properly resolved in raising funds for compensation and problems of administration and supervision; thirdly, it should improve legislation and formulate a unified ; Fourth, the compensation should be clearly defined about the object, scope, form, amount and the competent authority; fifth, it should be set up comprehensive procedures in detail in order to regulate the program's starting, reviewing the treatment and the implementation all-dimensionally.