Theory Of Country's Compensation For Criminal Victim

We must recognize that, in many criminal cases, both criminals and victims are poor. On the one hand, it means the criminals cannot pay indemnity for the victims, on the other the victims will be in harder circumstances, because they cannot get compensation from the criminals. In our country, this phenomenon is broadly apparent. In the judicature of our country, especially in some violent crimes, the part of civil court decision always cannot be performed, because the criminals lack of means. It is unfair for the victims. A lot of them cannot maintain the lowest living standard, and at the same time, the victims will undergo great mental anguish. At the present time, there is no legal guarantee to protect this kind of vulnerable groups in our country. So many petitioners to come from different localities to seek help from the government or even take revenge on the society through commit some crime, which affects the harmony and steadiness of our society. And it impeded the construction of rule of law too. The paper maintains that building the system of country's compensation for criminal victim is one of the most effective ways to solve this problem. Through this system, the victim can get appropriate compensation from the country, when they get compensation from other ways.The system of country's compensation for criminal victim got its start 3000 years ago, demonstrated a long fall tune. It does not revive until 1950s and 1960s, with the starts of the victim study and the rise of victim protection movement. Building the system of country's compensation for criminal victim becomes a world trend. So far, more than 30 countries and areas have build this system. Although our country has not set up this system, the problem of compensation for criminal victim presented itself for the attention from the whole society, and practice exploration to this area is booming at home. We have accumulated a rich store of successful and failing experiences and found out a number of effective methods in the practice over the past few years. And the situation of our country is in a constant state of flux. So we have to giving a further reflection on how to set up the system of country's compensation for criminal victim throughout of country.At first, we should make sure the need for our country to set up the system of country's compensation. Because the following analysis and discussion has been meaningful only based on this assumption. The paper from the perspective of current legal system about protection of criminal victim, based on the results of investigation into our current situation of the protection about victims'rights, we can draw a conclusion that we can built the system of country's compensation for criminal victim with theoretical validity and actual demand. And then, the paper makes the systematical analysis on theoretical basis of the system of country's compensation for criminal victim. The paper will put forward theoretical basis suited the concrete situation in our country, based on the introduction and evaluation about the said theoretical basis. And then, we summarize reference and consult to our country to set up and pursue the system of country's compensation for criminal victim from the experiences of other country and areas. At the same time, we should summarize existing problems and useful experiences from the practices at home. All of these provide much valuable experience which we can apply to the work about setting up the system of country's compensation for criminal victim throughout of country. At last, the paper combining the (Draft), making suggestions for revision, in order to make my own contribution to set up a system of country's compensation for criminal victim with characteristics of the Chinese.