On The Establishment Of The State Criminal Victim Compensation System

In our country's judicial practice, although 1996's the criminal procedure law defined the victim as "parties" after revised, but in fact the victim is not fully enjoy the rights of the parties and the State Criminal Victim Compensation is one of the weak link. Our academic circles have not stopped to researching the theory about State Criminal Victim Compensation System and have obtained some achievements, The judicial practice also started the pilot of State Criminal Victim Compensation System, accumulated useful experience, some cities also had the legislative practice. Since the first State Criminal Victim Compensation law in the world enacted, to almost 40 countries and areas established this system, the feasibility and necessity of the system has gained recognition.This paper bases on the ideal to promote a State Criminal Victim Compensation System in China. By researching the regularities of laws in the social reforming period, in this paper, the appearance, development, and the current situation of the State Criminal Victim Compensation System was studied systematically:Chapter one, overview the State Criminal Victim Compensation System. Analysis of the relevant concepts of the State Criminal Victim Compensation System and the historical of this system. Introduced the research and development of this system in China.Chapter two, the basic theories of State Criminal Victim Compensation System. Introduced and commented various theories of the State Criminal Victim Compensation System, the author presents a proposal:With the State responsibility as the main body, supplemented by the social welfare..Chapter three, analysis the value of the State Criminal Victim Compensation System. The author analyzes the value of this system:the restoration of justice, the protection of human rights, the enhancement of benefit and harmonious society.Chapter four, inspection the legislation of the State Criminal Victim Compensation System. In this part, the author uses the comparative approach, compare the foreign laws'compensation object, compensation criteria and standards, the source of compensation and management, compensation and compensation procedures. Then introduced the criminal victim compensation systems in Hong Kong and Taiwan. Chapter five, the conception of our country's the State Criminal Victim Compensation System. This part is one of the cores of this article. The author discusses the legislation model of the State Criminal Victim Compensation System, compensation's object, compensation's conditions, compensation's criteria and the source of the compensation's capital and management, compensation's mechanism. Then introduce for establishing this system.