A Study Of The System Of State Reimbursement For Criminal Victims

The system of state reimbursement for criminal victims is to give some material compensation through the legal process for the victims and their families who were infringed and did not receive full compensation. At present, to strengthen the protection of the rights of criminal victims is an inevitable trend of international criminal justice. But in the actual legislation and judicial practice of China, this issue is not paid attention to and become a "forgotten corner of criminal justice". Because of the gap of existing systems, many victims in the criminal offence of abuse often suffer from a "second injury" or a crisis of survival, which brings hidden dangers to the building of a harmonious socialist society.To this end, the establishment of the system of has become a contingent act. This paper began with three typical cases, analyzed the current situation of China's state Reimbursement for Criminal Victims, and raised some questions. Combined with the various opinions of current theoretical field, it made a detailed exposition of the basic theory, defined meaning, origin, historical evolution and the theoretical basis for the establishment of state Reimbursement for Criminal Victims. The paper fully learned from advanced foreign experience, focused on the introduction of other foreign representatives of state Reimbursement for Criminal Victims, such as United States, Japan,South Korea and Australia. Based on China's reality, it analyzed in depth the problems arising from the breach of China's system, the legislature's demands, and the feasibility of establishing such a system and the necessity on the basis of this. The article raises that, to China, it is also necessary and feasible to establish as soon as possible a set of conditions to state Reimbursement for Criminal Victims which are not only in accordance with China's characteristics and meet the local community but also have advanced theoretical framework supported. It combined with China's national conditions, carried out the preliminary design of the establishment of the system of state Reimbursement for Criminal Victims in the state legislative principles, compensation targets, terms of compensation, compensation, the amount of compensation, compensation funding sources, the compensation ruling authorities, compensation and other procedures.