Talk About The Improvement Of The Chinese Criminal Compensation System

As an important legal system ,Criminal compensation system for the protection of human rights has emergence and development of a strong economic, cultural and ideological basis of origin, reflects the civil rights and state power distribution mechanism, and explain that the community is a form of absolute power to safeguard the country's centralization of power ,and a power which emphasizes on individual rights of the citizens of a democratic society. Criminal compensation for soundness of the system is a standard to measure a country's democracy and legal system, and an important symbol of the civilized society, of the respect for human rights, and of the protection of human rights. Looking at our country's criminal compensation for the status quo in the current system which is far from perfect, in practice there are a lot of problems that not only affect the timely achievement of compensation request of the legitimate rights and interests of the people, but also affects the country's law enforcement image of the judiciary. Improvement of criminal compensation system is the constitutional requirements of the fundamental rights of citizens ,and also the only way of building the rule of law of our country .This article first start from the historical evolution and characteristics of China's criminal compensation, and makes a brief introduction to the development of the basic principles. As Followed, the author compared some of related systems of the more developed countries. We can see criminal compensation system in our country, which is like a justice relief system, has developed fairly completely in developed countries. The advanced idea and a relative perfect system are worth learning. As a reference, the author analyzes the current status of the criminal compensation system for a more in-depth,and revealed the problems of criminal compensation system in China's ,from the aspects of model legislation, the principle of liability and the scope of compensation. These include: executive compensation and criminal compensation in one, unknown principle of liability, and reducing the size of the compensation package, and so on. Then, the author makes a comprehensive analysis of the work of more problems, more controversial case of doubt , such as the issue of compensation, the common issue of compensation, compensation for mental problems, criminal compensation conformation. That is to say , whether there is the three views or not among the case in doubt: "the theory of affirmation, "and" the theory of compromise "," the theory of negation" ,which leads to the differences on law enforcement and complicated procedures and complex operation of compensation for common ,and also resulting in people's tiredness of requests for compensation. loss of the spirit of the lack of provisions is shortcomings of the for the state's legislative compensation; confirmation process of criminal compensation becomes a "shield" ,which is not conducive for the realization of the legitimate rights and interests of request compensation The existence of these problems have been blocking the work of criminal compensation in the development process. They are also the problems that must be addressed in the process of revision of "the State Compensation Law". The study and arguments have profound practical significance on the legislative and law enforcement. Finally, the writer puts forward a series point of views, such as clearing question of compensation of criminal cases in doubt from legislation, the abolition of the common system, increasing the mental compensation as well as the abolition of the confirmation process, in the hope of providing some reference to the revision of "national compensation law".