Study On The National Compensation System For Criminal Victims

As an important part of assurance of human rights in criminal action, national compensation system for criminal victims has long been developed in many foreign countries. As an active supporter of national action for the Guarantee of human rights, it is true time for China to play up its role to meet related standards. Nowadays in China, legislation on compensation system for criminal victims has not been established. What's more, scholars have different views on this question. In this thesis, several opinions have been held forth, which may be of some help for the establishment of this system in China.There are Three parts in this thesis, total word number of which is about 28 000.Part I:Summary of national compensation system for criminal victimsIn this part, connotation and extension of national compensation system for criminal victims have been defined. Necessity of establishment of this system has also been illustrated. It is believed, it is practical to develop this system considering such actual situations as the notions, theories, practical experiences and materials in China.Part II: Analysis of current situation of national compensation system for criminal victims in ChinaThere are three sections in this part. In Section One, 9 different views held by scholars have been listed and analyzed. It is concluded that all these views are limited to the attention on advantages and interests, which can not act as theoretical foundation. Whereas theories about justness and rightness, nation's contractual obligation, theory of comparative advantage, effectiveness and values theory and public welfare theory have not only absorbed the reasonable ideas in the 9 views listed above,but also returned back to the origin of theory, which is helpful for deep understanding of the theoretical core of national compensation system for criminal victims. In Section Two, criminal suit law and related judicial interpretations of China have been analyzed. It is concluded that there are many failures in assurance of Criminal Victims. In Section Three, the practical judicial experiences have been evaluated. Because national compensation system for criminal victims has not been developed, economic losses of criminal victims are usually compensated through administrative remedy and subsidiary civil actions, which have their own shortcomings.Part III: Construction of national compensation system for criminal victims in ChinaIt is believed that the principle of justness and rightness, the principle of compensating equalization and the principle of reparation giving priority to compensation are applicable in the compensation of criminal victims. Criminal types which need compensation for criminal victims are mainly violent crime, including negligent and intentional violence. Considerate compensation should be applied for criminal victims of nonviolent crime if they can not afford the dangerous consequences. For example, the criminal victims of crime of fraud, who can not afford their life, should be compensated. As for the object and extent of compensation, it is believed many useful experiences of foreign countries can be learned. Applicants for national compensation may be the victims and their relatives. The extent of compensation includes both bodily injury and material damage. From the study of the author, it is convinced mental damage should be excluded from the extent of compensation. The financial sources and management of national compensation system are also been studied. Special compensation fund should be established in China, whose sources may be tax revenue, payment of criminals, social donations and subvention from foreign governments and national institutions. At the end, procedures and administrative organization of national compensation system have been analyzed in details.