| No crime, no victim; no victim, no remedy. With the long-term development of legal institutions and the thought of human rights in our country, the law researchers and practitioners had spent a lot of time and great passion protecting the right of the victims. But the victims of crime are still the group of people who are easily neglected, and there are only a few ways to protect their rights and give relief to them. In this article, I willfocus on one of the ways that can protect the victims' rights------the NationalCompensation System for Victims of Crime, analyzing the rationales of the National Compensation System by comparing to the legislation and juridic practices of other countries, demonstrating the necessity and feasibility to establish the National Compensation System for Victims of Crime in China, and taking a further step to build up the measures that fits the actual condition of our country, in order to localize this system and make it ,more practical. This article proceeds as follows: the Introduction, the main body, the conclusion. There are about forty thousands words in this text.In the introduction part, an overview of the current situation of the research on the victims will be provided. In my opinion, with the development of the victim theory, the rights of the victims are getting much more attention, and one of the important way to relieve their economic right is to build up the National Compensation System for Victims of Crime. From the perception of theory or the situation of our country, building up such a system is an important and urgent task in the procedure of building the criminal legal system.The main body will be divided into five parts.Chapter 1 demonstrates the historical development and the legislation situation of the National Compensation System for Victims of Crime. This chapter will be divided into two sections. I will stress that the National Compensation System for Victims of Crime is in the period of reviving in section 1. It is internationally accepted that nation should relieve the victims. Section 2 is composed of a brief introduction of the legislation situation of the compensation system in the other countries. Such a system has been established in many countries. I will concisely compare the legislation situations of the compensation system in these countries, concluding that they have detailed regulations on the compensation object, the condition, the investigating organization, the source of the budget, and such regulations can be our references. Meanwhile I will point out that the National Compensation System for Victims of Crime hasn't be established in our country, and analyzes the main reasons of such situation.Chapter 2 will demonstrate the theoretical foundation of National Compensation System for Victims of Crime. The system has been stayed unknown for thousands years, and "revives" in modern world due to its internal rationality. I will discuss a few doctrines on the theoretical foundation of such a system, for instance, the doctrine of nation obligation, the doctrine of social insurance, the doctrine of social welfare and the doctrine of depending on the order of law.Chapter 3 concentrates on the functions of the National Compensation System for Victims of Crime. Such a system means a lot in protecting the human rights, controlling crimes and making up for the deficiencies of the compensation system for the victims. Above all, the National Compensation System for Victims of Crime will facilitate human right protection. When victims and their family are unable to get reasonable compensation from the criminal, such a system ensures their survival and living rights. So it is the most direct and effective way to protect the victim. It makes up for the deficiency of modern judicial system, and is a system that a modern jurisdictional country must have, and is one of the indications of social civilization. Secondly, the National Compensation System for Victims of Crime can be a tool used for controlling crimes. On one hand, the victim will cooperate with juridical official if he can get some compensation from nation and then the intention of punishing and thus reducing the crime can be achieved. On the other side, the National Compensation System for Victims of Crime can prevent the victims from turning into a criminal when they are helpless or their minds and are in a state of revenge. Thirdly, the National Compensation System for Victims of Crime can make up for the deficiency of the Compensation System for the Victims. I hold that compensation from nation is a better way of relieving and it is more feasible and a most reasonable and easiest way to protect the victims. Establishing such a system will provide some help for the victim to some extent and make up for the deficiency of Compensation System for the Victims of Crime.I will discuss the necessity and feasibility to establish the National Compensation System for Victims of Crime in China in chapter 4. This chapter is separated into two sections. Firstly, I will prove that there is no National Compensation System for Victims of Crime in China, and the victims can be relieved only through the criminal lawsuit incidental civil actions. Such a system has some flaws in its theory base and some conflicts in its regulations and the aim of simplifying the suit procedure,improving the judicial efficiency, maintaining the consolidation and holiness of jurisdiction can be achieved. In the practice of such a system, some problems appear. For example, the criminal obligation and civil obligation will substitute and absorb each other, the victim can only get a little compensation, etc. It means the criminal lawsuit incidental civil actions can not provide enough compensation for the victims. The second section explores legal and practical foundations for the National Compensation System for Victims of Crime in China. By analyzing the domestic and international law, the economic,political and social foundations, a conclusion is drawed that it is time for us to establishing the National Compensation System for Victims of Crime in China.Chapter 5 establishes some concrete system of the National Compensation System for Victims of Crime. Legislations in other countries and the actual condition of our country are considered. I will propose a detailed regulation in the legislation pattern, general principle, main content and such system will be easily operated. A lot of work is done to combine the actual condition of our country with the system and localize the National Compensation System for the Victims of Crime.Conclusion part contains the experience in the writing of this article.
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