Study On The State Criminal Victim Compensation System In Our Country

The State Criminal Victim Compensation System refers to that the state, through the legal process, gives a certain amount of compensation to the crime-encroached victims or their close relatives whose damages are not compensated adequately. Almost all the victims have suffered physical, mental or property damage in the criminal cases. The perpetrators should compensate the damage appropriately. But almost all the perpetrators lack the economic capacity. In judicial practice, the court often refuses to support the victim's requests for compensation or simply orders the defendant to compensate the victims a part of damage symbolically. Even if the court verdicts the perpetrator compensate all the loss of the victims, the sentence can hardly be completely implemented in practice. It is extremely unfair to the victims. It is an effective way to establish the state compensation system to solve the right protection problem of the victims. Many countries or areas have already established the state compensation systems which have provided valuable experience for us to reference.The full text can be divided into five chapters, the summary is as follows:The first chapter is the outline of the State Criminal Victim Compensation System. This chapter defines the State Criminal Victim Compensation System. It also analyzes the history of the State Criminal Victim Compensation System and expounds the necessity and feasibility of establishing the State Criminal Victim Compensation System in our country. Then investigates two problems which are nearly interrelated to this system: Incidental Civil Action and Restorative Justice. At last it analyzes the current legislation circumstances of this system.The second chapter tells the theories and the valuations of the State Criminal Victim Compensation System. On the basis of introducing and explaining many theories of the State Criminal Victim Compensation System, the writer presents a proposal,"With the State responsibility as the main body, supplemented by the social insurance and social welfare."Then regard it as the theory basis of Chinese State Criminal Victim Compensation System to analyze the value of this system: to realize social justice and balance the rights between the victims and the defenders.The third chapter introduces the basic principles to build a State Criminal Victim Compensation System in China. They mainly include five basic principles: the principle of fairness and justice, the principle of the perpetrators compensate in time first then the country, the principle of the perpetrators recompense as the main idea added with the country, the principle of restriction compensate and proper procedure principle.The forth chapter is the legislation design of our country. This fraction sets out from the situation of our country, it ranges the legalization mode and legalization progress in our country, The range and condition of the compensation object, compensation mode and standard, the capital source of compensation and supervision of the capital and the compensation procedure.