Research On The Right Of Criminal Victim Compensation

Criminal victim's compensation right is refers to the perpetrator (defendant) should make up for victim's loss or the state under certain conditions give victims the right to relief, when criminal victim suffers criminal offense. The compensation right mainly has the following aspects: physical damage compensation, property damage compensation and spirit damage compensation. The criminal victim's compensation right has legal characteristic of criminal and civil activity unifies, relief to harm and property. The compensation right's value including protection value of human rights, balanced value of legal benefits, value of fairness and justice, value of order restoration.Civil law countries in criminal law have the following direct regulations including the entity content of criminal victim's compensation, the victim's rights to compensate for mental damages, compensate for prison labor, compensate by the state. Common law countries take compensation as a independent criminal judgment, at the same time combine perpetrator's victim compensation with suspended sentence and commutable sentence. There are many ways for various countries to realize criminal victim's compensation right, including independent civil action, incidental civil action, the court order to make compensation, insurance indemnity, national compensation and so on. The rise of extraterritorial restorative justice is advantageous to the full realization of criminal victim's compensation right.China's criminal victim's compensation right have many problems including the right to claim compensation is restricted, the compensation scope is small, the limited compensation right is hard to realize in the end because of"enforcement difficulty", assurance of criminal victim's compensation right is lacking because victim national compensation system is a vacuum. The reasons for these problems mainly have our country legal culture tradition and lawsuit pattern's restriction, the traditional lawsuit idea's influence, the shortage of judicial resources, supporting measures are incomplete, law enforcement is not very effectively, property enforcement is difficult to implement and so on. Facing these questions, as improvement and realization of China's criminal victim's compensation right, first of all we should change the idea of"replacing punishments with compensation"and relieves the confusion of"gaining commutable sentence for compensation", then improve the criminal victim's compensation right in the Criminal Law, Law of Criminal Procedure and the Prison Law, at the same time expand the compensation scope of the Insurance Law, establish the national relief system of criminal victims, establish helping obligor system, property tracking system, establish and perfect the deterrence mechanism of implementation and resist the regional protectionism.