Research On National Compensation System For Criminal Victim

Criminal legislation and judicial practice in China have been focused on tackling and prevention of crime and maintenance of national interests such as social order for a long time.The tradition legal system in which the defendant is regarded as the base mostly ignores to safeguard the rights and interests of the victim.Nowadays when great efforts are made to construct harmonious society,the strengthening of safeguard of the rights and interests of the victim and the construction of national compensation system of criminal victim are one direction of the reform of criminal legislation and judicial system The present paper elaborates the construction of national compensation system for criminal victim in China from the following three aspects:The first part makes a brief elaboration of the compensation for criminal victim.First, this part introduces the concept of criminal victim,defines the range of criminal victim discussed by the present paper;and then discusses the historical origin of compensation for criminal victim and establishes the idea that compensation has existed from ancient times;and finally elaborates the status quo of the present c6mpensation for criminal victim in China:on the one hand pointing out that the compensation for criminal victim in China has been ignored and on the other hand elaborating that there exist numerous lively examples in which criminal victim fails to be compensated in China.On the basis of the elaboration,this part makes value analysis of construction of national compensation for criminal victim from such aspects as the necessity,theoretical base,legal base and policy base. The second part makes inspection into legislative situation of construction of national compensation for criminal victim at home and abroad First,this part makes introduction of legislative and judicial practice in China and then makes overall elaboration of legislative status quo in foreign countries and takes the situation in England,America and Japan as the instance.The deficiencies are detected in present China by making comparative research on the legislation at home and abroad,hoping to provide domestic and foreign reference for the construction of compensation system in China.The third part makes conception for construction of national compensation system for criminal victim.The present paper proposes that national compensation system for criminal victim should be set up.As for national compensation system for criminal victim,the present paper makes discussion from two aspects,including the feasibility of establishment of the system and specific system design in which this part proposes to formulate special law and makes practical discussion of compensation principles,compensation objects and conditions,compensation standards and fund source,compensation organs and compensation procedures;on the basis of the discussion,the present paper proposes two suggestions to supplement and improve national compensation system,the first one is to social aid system under the leading of the state and the second one is to introduce recovery judicial idea into national compensation system.The author holds that aid fund,social medical undertaking and social insurance undertaking of criminal victim under the leading of the state constitute the supplementary measures for national compensation system,which can make up the deficiencies of national compensation system;from the perspective of the concept of restorative justice and the application of restorative justice to aid theory for criminal victim,the present paper elaborates the significance of introduction of the idea of recovery idea into national compensation system.