Brief Analysis Of The Establishment Of The Criminal Victim Compensation System In China-seen From The Serious Homicide Case Of Qiu Xinghua

Although the serious homicide case of Qiu Xinghua happened in Shaanxi province in July 2006 was a case in which the criminal victim rights were ignored, it was also a typical case reflecting the lack of the rights and interests protection system of the criminal victim in China. It is stated in the Constitution that "the state respects and safeguards human rights", but the phenomenon of ignoring the rights of the victims in practice should attract our serious consideration, and there are still much to be done for us in the respect of protection of the insurance of the rights and interests of the criminal victim. It is not only necessary but also feasible to establish the criminal victim compensation system in China to achieve the fairness and justice for the victims and maintain social harmony and justice. Time is ripe for China to establish the criminal victim compensation system. We should learn the experience of other countries that have already established the system and the experience of some regions of China to establish the criminal victim compensation system with Chinese characteristics as soon as possible.The present paper is divided into three parts:The first part: Introduces briefly the case and advances the issue, and mainly focuses the attention on the case of Qiu Xinghua and the consideration resulted from and behind the case, and brings forward the long-term and ultimate method of establishing the criminal victim compensation system.The second part: The necesity and feasibility and the theoretical fundation of establishing national compensation system. States the theoretical gist of basing the establishment of the criminal victim compensation system on the national responsibility with social welfare and other theories as complementary. This chapter argues the need of establishing the system as soon as possible from two aspects of necessity and feasibility.The third part: The basic constructive suggestions of establishing national criminal victim compensation system. Puts forward some basic suggestions of how to establish the criminal victim compensation system basing on the current national situations and the experience of ourselves and other countries. The suggestions are put forward from six aspects: basic principle of the criminal victim compensation system, source of fund, object and scope of compensation, compensation organs, procedures and mode.