The Study Of China's System Of Compensation For Criminal Victims

With the rapid development of China's economic and social civilization, and the deepening of the construction of "harmonious society" and the judicial reform, the changes in criminal law, have become the focus of widespread concern of the public, the criminal protection of the rights of the victims, which was ignored by the public before, was also concerned gradually. Since the 1970s, the theory of the victim protection has a rapid development in China, the appeal of protecting the right of criminal victims and improving their station in criminal proceedings has arisen. In recent years, many western democratic countries have begun to gradually adjust the criminal justice policy, the focus has shifted gradually from punishing crimes to balancing between the protection of the victims and the right of the criminals. To protect civil rights better, it is necessary to establish a criminal preceding system, which can not only combine the protection of human rights and punishment of crime in full conformity with China's conditions, but can use for reference generally from the foreign criminal systems. I did some researches on related concepts of criminal victims compensation system, its nomological basis and the related legislations allover the world, further more, I put forward my own suggestion on the legislation of China's criminal victims compensation system.The article is divided into four chapters. The first chapter is "Victims and compensation for victims", in which I analyzed the concept, characters and the classification of victims and did a profound study on and China's current Criminal Victim Compensation status quo. So the paper identified its objection and its scope clearly. The second chapter is "Theories of System of Compensation for Criminal Victims". Firstly I outlined the system of compensation for criminal victims, and then I analyzed seven different doctrines, and I advised that we should take the Theory of the State Duty as a academic basis of the system of compensation for criminal victims. And at last other I analyzed the relationship between he Theory of the State Duty and several other doctrines. The third chapter is "Investigation on Legislations of Compensation for Criminal Victims", in which I studied the common law, civil law and parts of Asia systems of compensation for victims, and also introduced the related legislation of UN and EU, in order to supply reference to China's related legislation. The fourth chapter is "Construction of China's System of Compensation for Criminal victims". First, this chapter discuss the feasibility of the construction of China's System of Compensation for Criminal victims, in the view of the protection of human rights, realization of social justice, social welfare and promote political, economic and cultural development; Secondly, this paper offered my conclusion on China's System of Compensation for Criminal victims, from the basic principle of compensation targets, compensation restrictions, compensation and the form and scope of the standard, the compensation decision authority and procedures, on the basis of comparing experiences and practices all around China.