The Research Of The Criminal Victims' Compensation System

The criminal victims'compensation system is important method for the protection of human rights in the Law of Criminal Procedure. It's also the main upward trend of the modern criminal Procedure Law. The constitutions in different countries provide the contents of safeguarding the human rights. In the criminal cases, we discuss the issues of the human rights. The traditional thinking pays attention to how to strengthen the protection of the rights of the accused from the procedure and entities in the criminal cases. And the victims always were forgotten, which reasons are that regard to the modern rules of the law, the state prosecutes the criminal acts. With the country's strong public rights, the victims are smothered up by it. The rights of the victims are performed by the state. Use the way of the punishment punishing the perpetrators of criminal acts as the most effective way. The penalty has deprived of the rights of persons who have committed the crime (mainly refers to the freedom and life) so that people feel the pain of crime. The pain has made them feel the retribution, has calmed down the anger, fear and retaliation of the victim in mind, has realized of the social value of the Penal Code. The values of the law became especially significant in the period of economic underdevelopment. In fact, when the victims encountered the criminal acts, use the penalty to make up for the damage for them is not enough in the modern society. In practice, after many victims impinge on the criminal acts, there are enormous economic losses and mental pain for them. Even if the perpetrators have bore the penalty, it can not make up for. With the development of the social economy and strengthening the people's sense of human rights, people have attached importance to the relief of the economy. In 1997, the Law of Criminal Procedure established the system of supplementary civil compensations in criminal cases. The victims have the rights ask people who have committed a crime to compensate the material losses because of their criminal acts. However, because of varies reasons the victims do not receive the compensation from people who have committed the crime regarding to the rules in the system of supplementary civil compensations in criminal cases. Thus it attracts that will put victims in an awkward situation. This causes people to think of how to help victims and make them begin to feel a faith in life again and regain the trust of the community. Many countries have established the victims'compensation system of the country, such as adopting a national compensation, the social assistance and other effective way, which have yielded highly desirable results, and realized the basic values of the law safeguarding the human rights have came true. At present victims'compensation system has not established in our country. But with the"3.16"bomb in Shijiazhuang, Huang Yong Case and Ma Jiajue Case, victims'compensation problems have aroused strong concern among the people from all walks of life to distress people. To attribute to the limitations of supplementary civil compensation in criminal the criminal Procedure Law, the present law has been hard to ensure the rights and interests of victims. Although some have received a certain degree of relief from the government or society, but it is often"Special things to do special", most of the victims have been in a helpless state, struggling to survive on the back. Under these circumstances, it will often lead to some new social conflicts. Thus some victims have several visits for many years, and even some victims commit crimes. Social instabilities are also increasing. The call for establishing the criminal victims'compensation system increasingly came. The scholars have researched in a deeper degree. In our country the establishment of the criminal victims'compensation system can integrate with the international laws. At the same time, it can resolve the plight of the victims to meet the people's confidence of the law and the public right and restore the good social order. This paper tries to discuss some connected problems of the victims'compensation system. At the same time in line with our national conditions at the present stage, it tries to establish the victims'compensation system of the country with Chinese characteristics in the first stage.This paper has three parts. The criminal victims'compensation is outlined in the first part. This part profoundly discusses several concepts, such as the victims and the criminal victims'compensation system, and the theoretical foundation and the historical development. Firstly the category of the victim is seen as that the legal rights suffer the direct damages of the crimes. In the course of criminal proceedings, the natural persons who have the right to institute civil precedence do not include units of generalized victims and the people who have the rights of private prosecution in the private prosecution cases. This was followed by an analysis of the criminal victims'compensation system based on the theory of the five doctrines, including the theory of the national responsibility, the theory of the social welfare, the theory of social security, the theory of the criminal policy and fatalism. In a balanced point of view it makes points that the theory of national responsibility should be de Facto and de Jure of the criminal victims'compensation system from the rights and obligations of the state and the public. Finally, it reviews the historical development of the criminal victims'compensation system, and establishes the historical significance of the system. In the second part it analysis the types of the criminal victims'compensation system. The reasons of having not the compensation about the victims are discussed in this part. There are three main types of people who do not compensate. The first one is the type of having no claiming objects. In the unsolved cases there are no defendants so that the victims do not receive the compensations. The second type is that the defendants have no compensating ability. It makes the judgments of attaching the civil judgments in the criminal ones have become a dead letter. The third one is to fail to perform the obligations. The accused has been sentenced the serious punishment and even has been execute the death penalty. The accused and their relatives do not fulfill the obligation of the compensation. In the third part, it establishes the criminal victims'compensation system. At first, it analyses limitations of the present conditions of victims'compensation system in our country. There are two types of limitations. The first one is the limitation of the judicial relief. It means that the scope of the compensation in the rules of the law is incomplete and conflicts with the civil code, with the lagging about attaching civil compensations from the design of the programs. The second one is the limitation of social relief. The relief and social aids of the local government is very random and without normality, norms and justice. The role of it is very limit and it does not resolve the problems from the system at root. Then it deals with the feasibility of establishing the criminal victims'compensation system in our country from thinking political, economy and civilization. In the end, on the basis of summarizing and comparing concrete experiences and measures among different countries, it roughed out some ideas and establishes the criminal victims'compensation system in our country from the national compensation system, the criminal victims'insurance system and the criminal reconciliation.