The Argumentation Of Several Fundamental Questions On The System Of State Compensation For Criminal Victims Of China

In recent years, the protection of the rights of criminal victims caused widespread concern, It is particularly important to study and explore the means of protection and relief of the state to criminal victim, especially in background and conditions which China vigorously promote the rule of law, and strive to build a socialist harmonious society.The criminal victim is not a single criminal main victim, but a special social group. In addition to establishing its legal status litigants, giving its corresponding litigation rights, as the protection of the rights of criminal victims, it is more importantly to recover his damage of property and relief his spirit rights by the greatest extent possible. This is the only way to highlight social fairness and justice and eliminate the factors of social instability. On a worldwide scale, it has become a common understanding and common practice to establish system of the state compensation or relief to protect the rights of criminal victims by legislating. Judging from the current situation of China's Criminal Victim Protection and relief, the academic circles have made the massive discussions and studies on the problem of State Compensation to criminal victim .Based on this ,they have proposed some very valuable opinions and suggestions, in the practice some places and the related department have also made the positive exploration, and they have attempted to establish the related system and means in certain scope, But these are only partial, preliminary, the criminal victims(?) situations that their status and rights have been protected is worrying in real-life. That will lead to a number of new social contradictions and problems. Therefore, we can not overlook it, our government need to examine seriously and think radically in order to solve this problem from the system level.It is an urgent and complex problem to establish the System of State Compensation of Criminal Victims. It not only involves the vital interests of the entire criminal groups and their families but also to some extent reflects and embodies the country's respect and pursuit to social fairness and justice. At present, the emphasis on protecting the rights of the victims has improved; the victims compensation legislation of foreign countries has continually improved, some domestic areas has explored it actively, the country's economic is stronger and our government continuously pursuit to justice and harmonic, and so on, All these have provided favorable conditions and laid a good foundation for our country's establishing a State Compensation System Of Criminal Victims. In view of the urgency and the rigor of establishment of this system it is necessary for the state related departments to issue a policy document or institutional rule so that we can clearly stipulate the principles, targets, scope, conditions, sources of funding and procedure of criminal victims(?) state compensation and so forth. As soon as possible to make up for the "blank" about criminal law and policy protecting rights of victims and more effectively to protect the legitimate rights and interests of criminal victim and promote social harmony and stability. As Such timing and the conditions are ripe, and then formally table the State Criminal Victims Compensation Act by legislating. That is exactly what we expect and look forward to.