On National Criminal Compensation For Cases Of Non-prosecution With Doubts

At present, ensuring human rights and setting up national compensation system is not only the inevitable requirement of the modern society governed by law, but also the developing mainstream in our times. It is one of the just important standards of judging the national administration of justice whether human rights are ensured, especially the lawful right of the suspect and defendant is safeguarded truly or not in criminal suit. Our country establish to national compensation responsibility to people that are infringed through issuing " State Compensation Law ", and have strengthened the power of safeguarding rights. But likewise undeniable, this law with good original intention, the provision on criminal compensation is too simple and abstract, lead to the fact two Supreme Court holds its own opinion in the concrete administration of justice, especially views about non-prosecution with doubts are different largely, have hindered the full play of the function of national compensation system seriously, has initiated people's trust crisis to this law directly, cause many people to be deeply aware of helplessness when facing the country compensate. As a personnel of engaging in criminal procuratorial compensation, I feel deeply the difficulty of placing cases of non-prosecution with doubts on file, cases of obtaining compensation is little, compensation range is narrow. From the mentioning of national compensation question about non-prosecution with doubts, the judicial reality about it, the evaluation and analysis of different views and the completion of it four respects, I try to analyze the current criminal compensation system about non-prosecution with doubts of our country, and as to the drawback, I propose supplementary legislating of compensation of non-prosecution with doubts, set up independent organization of checking compensation, strengthen application of non-detain measures and stipulate enforced administration system of compensation decision, in order to being helpful to the practice.Completing national compensation system is scale of the democracy governed by law and " relief valve " of the social stability. The law must be steady, but not unalterable. The administration of justice must be just, but the just administration of justice will be set up on the base of having laws to abide by. When the law can't be satisfied people's basic justice demand, then its completion, modification just demands urgently to be brought into schedule.