Study On The State Compensation System For Victims Of Criminal

Crime victim compensation provides government compensation to a victim in circumstances in which a victim has not received or will not receive recompense from an offender or another source for crime-related losses. The most frequently cited authority for current efforts by government to compensate crime victims is the 1775 B.C.Code of Hammurabi of ancient Babylonia. But the early emphasis on victim compensation changed and the right to compensation was denied under the feudality. With the realization on crime Victims especially the promotion of the victim rights movement in 20th century; most countries today have provided compensation to crime victims. New Zealand has enacted the first"Criminal Injuries Compensation ACT"of the world on October 25, 1963. Japan was the earliest country to establish victim's compensation system in 1980 of all the Asian countries. By now, most of the world's developed countries and regions have established the victim's compensation system of their own. Now our economy was developing rapidly, and legal system was in urgent to completeness, but we have not yet established our own national compensation system.But commentators have advanced five rationales to justify government programs compensating crime victims. These are: the State responsibility theory, the social contract to protect theory, the social insurance theory, the social welfare theory, the political interests theory, the Public assistance theory and judicial reform theory. Every theoretical justification will have a great effect on victim compensation programs.In criminal prosecution,the defend stands in a weak position,so the protection of the defend rights always becomes an important point of the criminological reform. Compared with the defend, the victim hardly opposes with society, so he is neglected by the people in a great extent. In order to protect the human rights of the crime victim, the establishment of the system of national compensation for crimes victim which simultaneously gives dual attention to penalty crime and protect human rights in the criminal prosecution unifies, both fully conforms to our country national condition and generally to profit from the overseas strong point, is extremely important.The report aim at establishing the system of national compensation for crime victim in China's national conditions, being conducive to the realization of the balance of the human rights protection between the criminals and victims of criminal, being conducive to maintaining the stability and harmony of the social order. This article ponder way is profiting from the over seas experience, attaching the Chinese realistic national condition,in thoroughly understanding above the system rationale.This article is composed of three parts:The introduction partially the harm which creates to the victim obtaining from the crime, points out our country criminal activity supplements the People lawsuit system to safeguard the victim rights and interests the flaw, thus draws out the criminal victim country decompensate the system this question solution way, also pointing out why the author selects the topic.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. The first part clearly limits this system concept of the compensation system for victims of criminal, then points out the discriminate with other correlation system, thoroughly discuss this system for as follows to provide the realistic platform.The second part provides a theory foundation for our victim's nation compensation system. I concentrate on various theories on compensation system. After a wide consulting by the author, seven types of theories were summed up, including almost all in the academic circle. By a systematic comparison and analysis, a legitimate core was extracted to fit our nation's status quo, which is based mainly on the State responsibility theory, with the Social welfare theory as an auxiliary.The third part analysis the necessity and feasibility of the country compensating to criminal victim, analysis 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 maintaining the stability and harmony of the social order, it is conducive to the smooth development of criminal activities, these fully expound that it is necessary to establish the system of the compensation for victims of criminal. The fourth part is the key point and the foot spot of this article, based on preceding text foundation, this article propose out the criminal victim country compensates the system the concrete conception through a utilization greater length. In Process of the concrete system design, to the overseas practice, the rationale, the realistic national condition, judicial practice and so on the many kinds of factors synthesis consideration, trying hard to achieve scientific, reasonable and standard.According to this report, the main object is to appeal to establishing the national compensation of crime victims in order to protect the rights of victims better.