Study On The State Compensation System For Victims Of Criminal

With the universal of human rights and the advocating of building a harmonious society, the study of criminal law discards the traditional practice which only concerned about the criminals. Their attention has shifted to the victims of criminal. Recently, assistance to the victims of criminal has become a new research project in criminal law. One of the hot spots is the compensation system for victims of criminal. From the reality that the victims of criminal are living in a tragic situation and a lot of bad social phenomenen which result from it, we bilieve that it is imminent to establish a long-term mechanism for the relief of victims of criminal. From a global perspective, the compensation system for victims of criminal has already been set up in many countries, and makes a good social effect. We should learn it.In this paper,the act of the compensation for victims of criminal in Japan is taken as a reference.On the basis of analysising the connotation ,nature, theoretical basis,value of the compensation system for victims of criminal,we put forward specific construction ideas of the system with China's national conditions. This paper includes the following five aspects.The summary of the compensation system for victims of criminal, Including its concept, characteristics, and the differences from related sub-systems. The compensation system for victims of criminal has characteristics of complementary, restrictive, welfare, statutory,etc. In nature it should be defined as a kind of social relief. That is, it is a material help to the citizens who are suffered from some of the crimes, in order to protect their most basic living standard. This system has significant differences with the national criminal compensation system, the criminal fringe civil litigation system, and the local criminal victim relief measures.The theoretical basis of the compensation system for victims of criminal. On this issue, academic perspectives include doctrines of responsibility of the State, social welfare, social insurance, social defense, and interests of restoration,etc. This paper holds that the doctrine of social welfare can better explain the reasons for the establishment of this system, So it can be used as the theoretical basis. With regard to the problems generated by it, it can also come to a reasonable explanation considering with the reality of China.The value of the compensation system for victims of criminal. the principal values of the system are as follows: it is conducive to the realization of the balance of the human rights protection between the criminals and victims of criminal, it is conducive to the smooth development of criminal activities, it is conductive to prevent the transformation from victim of criminal to criminal, it is conducive to the re-education of criminal and their regression to society, it is conducive to maintaining the stability and harmony of the social order. In short, it is of great significance to build a socialist harmonious society and a well-off society in China.The review of the compensation system for victims of criminal in Japan. In Japan, the reasons for promoting the enactment of the compensation system for victims of criminal are mainly as follows.: the constant deepening of theoretical research, the raising of voice from the the people's campaign, the motivating of serious criminal cases. With the development of the practice, in 2001,the act were revised. After revision, the compensation coverage is wided, the amount of compensation is increased, the scope of adjustment is expanded. At present, on this system ,the new research topics are such as whether application of this system should include the victims caused by the criminal from negligence, between close relatives, without a Japanese nationality or residence?Construction ideas of the compensation system for victims of criminal in China. Since there are already the economic foundation, conceptual foundation, the base of practice of the system, it is practical to establish the system in China. On constructing the specific system, we must adhere to the principle of crime compensation priority, the principle of limited compensation, the principle of the amount of compensation in line with the damage, the principle of a just and efficient compensation procedures. The victims of criminal and their close relatives who want to apply for this compensation, must have a Chinese nationality or residence when the criminal case happen or after it. The scope of close relatives can refer to the relevant provisions of marriage act and the law of succession. However, they must lead their life mainly relying on the income of the victims of criminal. Compensation system for victims of criminal is granted by the premise that suffered from "criminal wrongdoing". As long as there is an act which is violating of the interests of the safety, whether intentionally or based on fault, it should be included in the scope of this system. Such acts must occur in China. In certain circumstances, such as the victims of criminal have fault to the victimization, they should be excluded from the scope of compensation. The amount of this compensation can refer to the amount of state compensation law, but should be reduced a little. Loss of the spirit of the victims of criminal should not be included in the scope of compensation. The implementation of this system should adhere to the principle of separation between review and implementation. These work should be done saperately by the specialized agencies of the procuratorate and Ministry of Civil Affairs. Compensation procedures should be highlighted and convenience features. In some cases, first payment of the compensation should be applied. State Criminal Victim Compensation Fund should be set up. Ministry of Civil Affairs are responsible for the management and dissemination of it. The main resource of this compensation is State financial funds. The funds raised from other channels are also included in it.In short, the compensation system for victims of criminal should be established as soon as possible in China. The researches and discussions on this system are deepening now. It is believed that it will comes true in the very near future.