The Perfection About The Assistance System Of Criminal Victim In China

20th century 60's to 80's intermediate stage,with the world human rights theory's development and the victimology's imputation,the criminal victims'assistance question is received in various countries' legislation judicature as well as the social practice takes.The criminal victim assistance system is the union system of"public strength and the private strength".It can help and remedy the victim effectively.It can rescue the wound of the criminal victim.It can make the criminal victim believe the legal system again.It can alleviate the contradictory and the hate between the criminal victim and criminal defendant. It can make the criminal victim melt into the community and the criminal defendant returns the community.Our country does some efforts to the criminal victim also,but there are some problems about the theory,idea and social practice,the assistance system of our country is not very perfect.This article from the aspect which corresponded proposed consummated the suggestion and the method.The goal is to make the community pay attention to the criminal victim,and perfect the assistance system of criminal victim in our country.To make our country,community and people do more help and attention to the criminal victims.This article is divided to three parts:The first part is the question proposing and the implication understanding about the perfection of the assistance system of criminal victim in our country.There are three processes about the manner and method on the criminal victim in the theory:Encourage personal grudge retaliates,individual penalty;Emphasized the civil rights are supreme,the national penalty;Pay attention to protect private legal interest and compensate the criminal victim. So the criminal victim assistance system is the union system of public strength and the private strength. It can help and remedy the victim effectively.It can rescue the criminal victim fully and perfectly.It is necessary to perfect the assistance system of criminal victim in our country.At present the theory about rescution of criminal victim is very much, some terminology are very similar so the author discriminate the similar terminology.The conclusion is:The victim rescued just the conformity the practicality and the victim which victim protected provide relief to the right aspect adjustment,it "the rescue" had afterwards characteristic,therefore removed "the relief" the authority relief aspect,could even more be thin in anticipation in the use process,was advantageous for the operation.The present realities of our country can not meet the requirements of victim as the advanced countries, such as relief assistance to victims and victim protection requirements.The writing center is to improve the assistance system of criminal victim in our country.The second part analysis the assistance system of criminal victim in our country now days.There are many problems in it.1. The procedure of civil suit collateral to criminal proceedings have some defects.The defects are The procedure of civil suit collateral to criminal proceedings has a small accept scope,except the emotional distress compensation and it's model has some problems also.These defects make the criminal victim do not have the litigation rights.2. The system of national compensation for criminal victims does not existence.Victims are often fall into financial difficulties,and if it can not be compensated through the normal proceedings.Also not stand idly by victims of economic compensation.Undoubtedly subsidence victims in a dilemma.3.There are some problems in the social assistance system of criminal victim.Because our country's current economic situation and the public's attitudes results the community does not to help victims.Such as emotional support,timely and effective medical services,including financial assistance from the community and so on.This is consistent with the promotion of "harmony social" of local people in the building and shaping the image of the government efforts is contradictory.Meanwhile it make the victims do not feel the warmth from the community.4.The legal aid of criminal victim has some problems.Because the current status of legislation and economic reasons.Criminal victims do not have the same access to legal aid for criminal defendants . This is incompatible with our legislative protection of human rights,nor the protection of the human rights of victims.From the point we can see that our current system is not perfect.Need to apply various methods to make it up.The third part is the perfection about assistance system of criminal victim in china.Part 2 of this paper analysis the system and points out some deficiencies and shortcomings.So the author points out how to perfect the system in part 3.1.Perfect the procedure of civil suit collateral to criminal proceedings. Determined the emotional distress compensation in procedure of civil suit collateral to criminal proceedings and coordinate the relations between criminal procedure and civil litigation,to rescue the victim's litigation rights.Ensure that the victims have the right to the assassination of the corresponding material and spiritual damages.2.Establish the system of national compensation for criminal victims to help the victims out of the present economic difficulties and restore the confidence of the victims.3. Improve the social assistance system . Through the establishment and improvement of services to victims to help the criminal victims,enhance the effectiveness of socio-economic assistance,medical assistance to victims of such measures. Allow victims to feel the warmth of the society,as soon as possible return to society. 4. Improve our system of criminal legal aid to victims.To improve the system of legal aid to victims of criminal legislation and the establishment of legal aid to victims of criminal law, allow victims to enjoy equal human rights,the litigation process more fully in the exercise of their rights.Prosecution of the accused,access to legal equality.